A/HRC/14/36 Acceptability – the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) [of the International Covenant on Economic, Social and Cultural Rights] and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4)); Adaptability – education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.52 59. One main question is to what extent the content of education, as well as the way in which it is organized, can be culturally sensitive and contribute to the free and full development of one’s cultural identity(ies) without jeopardizing human rights, including the right to education itself. The independent expert proposes to address this in full cooperation with the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, the Special Rapporteur on the right to education, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the independent expert on minority issues, building also on the work carried out on this topic by the Expert Mechanism on the Rights of Indigenous Peoples and the Forum on Minority Issues.53 2. Freedom of scientific research and creative activity, and the right to benefit from scientific progress and to access cultural heritage 60. As stressed above, the rights of all persons to benefit from scientific progress and access cultural heritage need further thinking and elaboration. The independent expert proposes to explore these issues through consultations with all relevant stakeholders and studies, depending on available resources. She believes that these issues should be addressed in connection with the question of how to ensure the freedoms necessary for the pursuit and fulfilment of artistic and scientific endeavour of all people. 3. A gendered perspective on cultural rights 61. The independent expert was requested in resolution 10/23 of the Human Rights Council to integrate a gender perspective into her work (para. 9 (e)). She commits to implement that specific part of her mandate through three interlinked approaches, in full collaboration with the Committee on the Elimination of Discrimination against Women. 62. First, noting that “gender” is a social construction that, along with attendant gendered norms of behaviours, is changeable over time and contexts, the independent expert will address specifically the right of women and girls (as well as boys and men) to participate in cultural life regardless of their gender identity. 63. Second, noting that some cultural practices may be particularly detrimental to the rights of women and girls, and noting also in this regard the work of the Special Rapporteur on violence against women, its causes and consequences on issues of culture,54 she will pay due attention to the need to implement cultural rights in a way that is fully respectful of the 52 53 54 GE.10-12440 Para. 6 (c) and (d). See also general comment No. 21, paras. 26–27. See the recommendations of the 2008 Forum on Minorities and the Right to Education (A/HRC/10/11/Add.1) and the report of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/EMRIP/2009/2). See in particular A/HRC/4/34 and A/HRC/11/6/Add.5, paras. 101–106. 19

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