A/HRC/14/36
I. Introduction
1.
In resolution 10/23, the Human Rights Council established, for a period of three
years, a new special procedure entitled “independent expert in the field of cultural rights”.
The independent expert is requested: (a) to identify best practices in the promotion and
protection of cultural rights at the local, national, regional and international levels; (b) to
identify possible obstacles to the promotion and protection of cultural rights, and to submit
proposals and/or recommendations to the Council on possible actions in that regard; (c) to
work in cooperation with States in order to foster the adoption of measures at the local,
national, regional and international levels aimed at the promotion and protection of cultural
rights through concrete proposals enhancing subregional, regional and international
cooperation in that regard; (d) to study the relationship between cultural rights and cultural
diversity, in close collaboration with States and other relevant actors, including in particular
the United Nations Educational, Scientific and Cultural Organization (UNESCO), with the
aim of further promoting cultural rights; (e) to integrate a gender and disabilities
perspective into his and her work; and (f) to work in close coordination, while avoiding
unnecessary duplication, with intergovernmental and non-governmental organizations,
other special procedures of the Council, the Committee on Economic, Social and Cultural
Rights and UNESCO, as well as with other relevant actors representing the broadest
possible range of interests and experiences, within their respective mandates, including by
attending and following up on relevant international conferences and events.
2.
On 1 and 2 February 2010, the independent expert held consultations to clarify the
content of cultural rights and reflect upon some key issues raised in relation to the
realization of cultural rights, taking into consideration a wide and diverse range of
perspectives. The seminar, entitled “Implementing Cultural Rights: Nature, Issues at Stake
and Challenges”, was organized by the Office of the United Nations High Commissioner
for Human Rights (OHCHR), in partnership with the International Organization of La
Francophonie and UNESCO, in collaboration with the Observatory of Diversity and
Cultural Rights. The seminar involved a wide range of experts as well as States,
intergovernmental organizations, national human rights institutions and non-governmental
organizations. It provided valuable insights that will help the independent expert in
fulfilling her mandate and identifying how best to implement cultural rights.
II. Cultural rights: conceptual and legal framework
A.
Cultural rights in United Nations human rights instruments
1.
Challenges: content and scope of cultural rights
3.
Cultural rights have often been described as underdeveloped in comparison to other
human rights.1 Insufficient attention has led to them sometimes being viewed as rights of
lesser priority. However, as emphasized in resolution 10/23 of the Human Rights Council,
they are an integral part of human rights, which are universal, indivisible, interrelated and
interdependent. In many aspects, cultural rights are pivotal to the recognition and respect of
1
GE.10-12440
Patrice Meyer-Bisch, Les droits culturels, une catégorie sous-développée des droits de l’homme,
Actes du VIIIe Colloque interdisciplinaire sur les droits de l’homme à l’Université de Fribourg
(Editions Universitaires Fribourg, Suisse, 1993). See also Elsa Stamatopoulou, “The right to take part
in cultural life”, submission to the Committee on Economic, Social and Cultural Rights, day of
general discussion on the right to take part in cultural life (E/C.12/40/9), pp. 7–8.
3