A/HRC/14/36 B. Universality of human rights, cultural rights and cultural diversity 21. In its resolution 10/23, the Human Rights Council refers to the principle of universality of human rights. It mandates the independent expert to study the relationship between cultural rights and cultural diversity. The preliminary views of the independent expert on the interaction between the principle of universality of human rights, the recognition and implementation of cultural rights and the need to respect cultural diversity are set out below. 1. Relationship between cultural rights and cultural diversity 22. According to the Universal Declaration on Cultural Diversity, cultural diversity “is embodied in the uniqueness and pluralities of the identities of the groups and societies making up humankind” (art. 1). Additionally, the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005), ratified by an increasing number of States, indicates in article 4, section 1, that cultural diversity: Refers to the manifold ways in which the cultures of groups and societies find expression. These expressions are passed on within and among groups and societies. Cultural diversity is made manifest not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. 23. The independent expert wishes to add that cultural diversity exists not only between groups and societies, but also within each group and society, and that identities are not singular. Each individual is the bearer of a multiple and complex identity, making her or him a unique being and, at the same time, enabling her or him to be part of communities of shared culture. Individuals identify themselves in numerous ways, simultaneously participating in several cultural communities, on the basis of grounds such as ethnicity, descent, religion, beliefs and convictions, language, gender, age, class affiliation, profession, ways of life and geographical location. In other words, “certainly, identities are not based solely on ethnicity, nor are they uniform within the same community; they may be held by different members in varying shades and degrees”.29 The increasing movement of persons and ideas has enhanced the potential for cultural affiliations. Individuals may select one community identity over others in particular interactions and engagements. These multiple cultural identities, which include, but also go beyond, issues relating to ethnic, linguistic and religious affiliations, are relevant for private life as well as the sphere of public life, and are an integral part of cultural diversity. 24. One principle widely agreed upon today, and emphasized in General Assembly resolution 64/174, is that the universal promotion and protection of human rights, including cultural rights on the one hand, and respect for cultural diversity on the other, are mutually supportive (para. 10). This entails several points. 25. First, as the Universal Declaration on Cultural Diversity states, full respect for human rights, and in particular for cultural rights, both creates an enabling environment for, and is, a guarantee of cultural diversity (arts. 4 and 5). The defence of cultural diversity is thus an ethical imperative, inseparable from respect for human dignity. It implies a 29 10 transnational corporations and other business enterprises (A/HRC/11/13). Foundation on Inter-Ethnic Relations, “The Lund recommendations on the effective participation of national minorities in public life, and explanatory note” (September 1999), p. 16. GE.10-12440