A/HRC/49/54 of their existence and ways of life, due to climate change represented a threat to the survival of their specific cultural identities.29 32. The recent recognition of the right to the enjoyment of a safe, clean, healthy and sustainable environment refocuses the attention of the mandate holder on the importance of cultural practices and traditional knowledge as tools for the realization of the right to the enjoyment of a safe, clean, healthy and sustainable environment. Often, cultural rights relating to nature are neglected or sidelined for other needs and interests. At times, projects funded by international organizations and executed by transnational corporations do not prioritize the spiritual and cultural rights of the persons and communities concerned. Certain cultural practices are also often unfairly attacked and deemed environmentally unfriendly (such as shifting cultivation and cultural burning). Also, development and sustainability are being interpreted as serving a specific way of life, and the expertise of the people who inhabit the lands to be “developed” is not sought, despite the guarantee of free, prior and informed consent. As the Special Rapporteur on the rights of indigenous peoples has noted, environmental impact assessments should give special consideration to the cultural rights of indigenous peoples and any such project should include meaningful consultations to obtain their free, prior and informed consent.30 The Special Rapporteur invites all stakeholders to send ideas on how the implementation of cultural rights can be strengthened in addressing environmental issues and to share good practice and concerns on these matters with the mandate holder. V. Balancing of rights 33. Similar to most other human rights, cultural rights are not absolute rights. In her attempts to balance cultural rights with other rights or interests, the Special Rapporteur is again guided by international law. First, cultural rights cannot prevail over absolute rights, including the prohibition of torture and other forms of ill-treatment, slavery and genocide. Harmful traditional practices that constitute torture and other forms of ill-treatment or slavery must be eradicated. Any violence, including rape and harmful traditional practices, is a violation of human rights, no matter what their origin. As highlighted by United Nations bodies, coercive practices of bonded labour of migrant domestic workers or indigenous individuals must not be tolerated by any State under any circumstances.31 States are under the clear obligation to take measures to eradicate such practices and to effectively investigate such cases. 34. Second, any balancing between cultural rights and rights other than absolute rights or other interests must follow the principles of legality, legitimacy and proportionality. In its evaluation of the communications submitted by Lovelace, 32 Kitok 33 and Länsman, 34 the Human Rights Committee asked for the existence of a reasonable and objective justification for the prevalence of one right over the other, consistency with human rights instruments, the necessity of the restriction and proportionality. It is argued that the complete neglect of one right – be it a cultural right or another right – for the full realization of the competing right would in most cases violate the principle of necessity. 35 The core of each human right must be protected. 35. In accordance with the mandate, set out in Human Rights Council resolution 10/23, to integrate a gender perspective into their work, mandate holders have consistently considered women as important stakeholders in the field of culture. The reports on the enjoyment of cultural rights by women on an equal basis with men36 and on the impact of 29 30 31 32 33 34 35 36 Ibid., para. 37. A/HRC/45/34, paras. 58–63. See also CCPR/C/FIN/CO/7, para. 42; CCPR/C/GTM/CO/4, para. 39; and CCPR/C/VNM/CO/3, para. 56. See, for example, CCPR/C/LBN/CO/3, para. 39. Communication No. 24/1977. CCPR/C/111/D/1985/2010. CCPR/C/52/D/511/1992. Committee on Economic, Social and Cultural Rights, general comment No. 25 (2020), para. 21. See A/67/287. 9