E/C.12/GC/21
the diversity of cultural expressions,42 and enable all cultures to express themselves and
make themselves known.43 In this respect, due regard should be paid to human rights
standards, including the right to information and expression, and to the need to protect the
free flow of ideas by word and image. The measures may also aim at preventing the signs,
symbols and expressions of a particular culture from being taken out of context for the sole
purpose of marketing or exploitation by the mass media.
III. States parties’ obligations
A.
General legal obligations
44.
The Covenant imposes on States parties the immediate obligation to guarantee that
the right set out in article 15, paragraph 1 (a), is exercised without discrimination, to
recognize cultural practices and to refrain from interfering in their enjoyment and
development.44
45.
While the Covenant provides for the “progressive” realization of the rights set out in
its provisions and recognizes the problems arising from limited resources, it imposes on
States parties the specific and continuing obligation to take deliberate and concrete
measures aimed at the full implementation of the right of everyone to take part in cultural
life.45
46.
As in the case of the other rights set out in the Covenant, regressive measures taken
in relation to the right of everyone to take part in cultural life are not permitted.
Consequently, if any such measure is taken deliberately, the State party has to prove that it
was taken after careful consideration of all alternatives and that the measure in question is
justified, bearing in mind the complete set of rights recognized in the Covenant.46
47.
Given the interrelationship between the rights set out in article 15 of the Covenant
(see paragraph 2 above), the full realization of the right of everyone to take part in cultural
life also requires the adoption of steps necessary for the conservation, development and
dissemination of science and culture, as well as steps to ensure respect for the freedom
indispensable to scientific research and creative activity, in accordance with paragraphs 2
and 3, respectively, of article 15.47
B.
Specific legal obligations
48.
The right of everyone to take part in cultural life, like the other rights enshrined in
the Covenant, imposes three types or levels of obligations on States parties: (a) the
obligation to respect; (b) the obligation to protect; and (c) the obligation to fulfil. The
42
43
44
45
46
47
GE.09-46922
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, art.
IV-5.
See the Universal Declaration on Cultural Diversity, art. 6.
See general comment No. 20 (2009).
See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 44, No. 14 (2000), para. 31, No.
17 (2005), para. 26 and No. 18 (2005), para. 20. See also the Limburg Principles on the
Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 21.
See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 45, No. 14 (2000), para. 32, No. 17
(2005), para. 27 and No. 18 (2005), para. 21.
See general comments No. 13 (1999), paras. 46 and 47, No. 14 (2000), para. 33, No. 17 (2005), para.
28 and No. 18 (2005), para. 22.
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