E/C.12/GC/21
(c)
Promoting the exercise of the right of association for cultural and linguistic
minorities for the development of their cultural and linguistic rights;
(d)
Granting assistance, financial or other, to artists, public and private
organizations, including science academies, cultural associations, trade unions and other
individuals and institutions engaged in scientific and creative activities;
(e)
Encouraging scientists, artists and others to take part in international
scientific and cultural research activities, such as symposiums, conferences, seminars and
workshops;
(f)
Taking appropriate measures or programmes to support minorities or other
communities, including migrant communities, in their efforts to preserve their culture;
(g)
Taking appropriate measures to remedy structural forms of discrimination so
as to ensure that the underrepresentation of persons from certain communities in public life
does not adversely affect their right to take part in cultural life;
(h)
Taking appropriate measures to create conditions conducive to a constructive
intercultural relationship between individuals and groups based on mutual respect,
understanding and tolerance;
(i)
Taking appropriate measures to conduct public campaigns through the media,
educational institutions and other available channels, with a view to eliminating any form
of prejudice against individuals or communities, based on their cultural identity.
53.
The obligation to promote requires States parties to take effective steps to ensure
that there is appropriate education and public awareness concerning the right to take part in
cultural life, particularly in rural and deprived urban areas, or in relation to the specific
situation of, inter alia, minorities and indigenous peoples. This includes education and
awareness-raising on the need to respect cultural heritage and cultural diversity.
54.
The obligation to fulfil requires that States parties must provide all that is necessary
for fulfilment of the right to take part in cultural life when individuals or communities are
unable, for reasons outside their control, to realize this right for themselves with the means
at their disposal. This level of obligation includes, for example:
(a)
The enactment of appropriate legislation and the establishment of effective
mechanisms allowing persons, individually, in association with others, or within a
community or group, to participate effectively in decision-making processes, to claim
protection of their right to take part in cultural life, and to claim and receive compensation
if their rights have been violated;
(b)
Programmes aimed at preserving and restoring cultural heritage;
(c)
The inclusion of cultural education at every level in school curricula,
including history, literature, music and the history of other cultures, in consultation with all
concerned;
(d)
Guaranteed access for all, without discrimination on grounds of financial or
any other status, to museums, libraries, cinemas and theatres and to cultural activities,
services and events.
C.
Core obligations
55.
In its general comment No. 3 (1990), the Committee stressed that States parties have
a minimum core obligation to ensure the satisfaction of, at the very least, minimum
essential levels of each of the rights set out in the Covenant. Thus, in accordance with the
Covenant and other international instruments dealing with human rights and the protection
14
GE.09-46922