A/HRC/14/36
valuable no matter how it is brought about. Indeed, cultural diversity, particularly in
the perspective of human development, cannot be evaluated without taking note of
the processes involved and the role of human freedom in the way things get
decided.33
29.
As further stressed during the February 2010 seminar, the question of whether
cultural diversity and cultural rights have a relationship of mutual protection cannot be
answered without asking a second question: what kind of cultural diversity is favourable to
intercultural dialogue which will constructively influence the permanent dynamic processes
that are an integral part of cultural diversity? In addition, beyond processes, the content and
implications of diverse cultural practices must also be evaluated.
30.
In particular, ensuring the mutual protection of cultural rights and cultural diversity
shall be based on (a) the recognition of the diversity of cultural identities and expressions,
(b) equal treatment and respect for the equal dignity of all persons and communities,
without discrimination based on their cultural identities and (c) openness to others,
discussion and intercultural exchanges. Culture being a living and dynamic process, it is not
suggested that barriers between individuals and groups should be raised in order to protect
their specificities, nor that discussion about, and criticism of cultural practices, ways of life
and world visions should be banned. It is the responsibility of States, however, to create an
environment favourable to cultural diversity and the enjoyment of cultural rights, by
meeting their obligations to respect, protect and fulfil those rights. This entails taking a
wide range of positive measures, including financial measures.34 Although States have the
obligation to respect and protect cultural heritage in all its forms, the challenge is not so
much to preserve cultural goods and practices as they are, which may be inappropriate in
certain circumstances, but preserve the conditions which have enabled these goods and
practices to be created and developed.
31.
Fulfilling these obligations constitutes an enormous challenge, especially in societies
where people feel that their common cultural heritage is under threat, due, in particular, to
the dynamism or dominance of other cultures, globalization and development processes
and/or the dominant position of corporate actors in the field of culture and leisure. In
addition, the principle of universality of human rights must remain the common basis of
action.
2.
The principle of universality of human rights
32.
The principle of universality of human rights, one of the core principles of
international human rights law, on the one hand, and cultural rights and cultural diversity
on the other, are sometimes considered as opposed. This view stems partly from a
misplaced tendency to equate cultural diversity with cultural relativism, which has the
effect of raising fears and misunderstandings regarding the recognition and implementation
of cultural rights.
33.
According to the Vienna Declaration and Programme of Action (1993), while the
significance of national and regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the duty of the States, regardless of their
political, economic and cultural systems, to promote and protect all human rights and
fundamental freedoms (part. I, sect. 5). In particular, this entails, as enshrined in the
Universal Declaration on Cultural Diversity (art. 4), and reiterated in resolution 10/23 of the
Human Rights Council (para. 4), that no one may invoke cultural diversity to infringe upon
33
34
12
UNDP, Human Development Report 2004, pp. 22–23.
Committee on Economic, Social and Cultural Rights, general comment No. 21, paras. 48–54.
GE.10-12440