E/C.12/GC/21
A.
Components of article 15, paragraph 1 (a)
8.
The content or scope of the terms used in article 15, paragraph 1 (a), on the right of
everyone to take part in cultural life, is to be understood as set out below:
“Everyone”
9.
In its general comment No. 17 on the right to benefit from the protection of moral
and material interests resulting from any scientific, literary or artistic production of which
one is the author,11 the Committee recognizes that the term “everyone” in the first line of
article 15 may denote the individual or the collective; in other words, cultural rights may be
exercised by a person (a) as an individual, (b) in association with others, or (c) within a
community or group, as such.
“Cultural life”
10.
Various definitions of “culture” have been postulated in the past and others may
arise in the future. All of them, however, refer to the multifaceted content implicit in the
concept of culture.12
11.
In the Committee’s view, culture is a broad, inclusive concept encompassing all
manifestations of human existence. The expression “cultural life” is an explicit reference to
culture as a living process, historical, dynamic and evolving, with a past, a present and a
future.
12.
The concept of culture must be seen not as a series of isolated manifestations or
hermetic compartments, but as an interactive process whereby individuals and
communities, while preserving their specificities and purposes, give expression to the
culture of humanity. This concept takes account of the individuality and otherness of
culture as the creation and product of society.
13.
The Committee considers that culture, for the purpose of implementing article 15 (1)
(a), encompasses, inter alia, ways of life, language, oral and written literature, music and
song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and
games, methods of production or technology, natural and man-made environments, food,
11
See definition of “author” in general comment No. 17 (2005), paras. 7 and 8.
Culture is (a) “the set of distinctive spiritual, material, intellectual and emotional features of a
society or a social group, [which] encompasses, in addition to art and literature, lifestyles, ways of
living together, value systems, traditions and beliefs” (UNESCO Universal Declaration on Cultural
Diversity, fifth preambular paragraph); (b) “in its very essence, a social phenomenon resulting from
individuals joining and cooperating in creative activities [and] is not limited to access to works of art
and the human rights, but is at one and the same time the acquisition of knowledge, the demand for a
way of life and need to communicate” (UNESCO recommendation on participation by the people at
large in cultural life and their contribution to it, 1976, the Nairobi recommendation, fifth preambular
paragraph (a) and (c)); (c) “covers those values, beliefs, convictions, languages, knowledge and the
arts, traditions, institutions and ways of life through which a person or a group expresses their
humanity and meanings that they give to their existence and to their development” (Fribourg
Declaration on Cultural Rights, art. 2 (a) (definitions); (d) “the sum total of the material and spiritual
activities and products of a given social group which distinguishes it from other similar groups [and] a
system of values and symbols as well as a set of practices that a specific cultural group reproduces
over time and which provides individuals with the required signposts and meanings for behaviour and
social relationships in everyday life”. (Rodolfo Stavenhagen, “Cultural Rights: A social science
perspective”, in H. Niec (ed.), Cultural Rights and Wrongs: A collection of essays in commemoration
of the 50th anniversary of the Universal Declaration of Human Rights, Paris and Leicester, UNESCO
Publishing and Institute of Art and Law).
12
GE.09-46922
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