A/HRC/43/50
survival of indigenous cultures. 5 Cultural rights defenders are often custodians of dying
languages, especially indigenous languages. 6
17.
Cultural rights defenders are also important in upholding the cultural rights of
members of minorities as guaranteed by the United Nations Declaration on the Rights of
Minorities. Ensuring an inclusive cultural space with adequate protection for cultural rights
defenders is central to respect for diversity.
18.
Not every claim based on cultural (or religious) arguments renders the person who
makes it a cultural rights defender. The Declaration on Human Rights Defenders makes
clear that human rights defenders must accept the universality of human rights, as defined
in the Universal Declaration of Human Rights, and act in accordance with international
human rights norms. As the Special Rapporteur has stressed, cultural rights are not
tantamount to cultural relativism. 7 They are not an excuse for violations of other human
rights. They do not justify discrimination or violence, and are firmly embedded in the
universal human rights framework. Thus, those who deny the rights of some, or challenge
the universality of human rights, or who advocate or practise human rights violations,
violence or discrimination as defined by international standards, are not cultural rights
defenders.8 The central idea behind being a cultural rights defender is the advancement of
cultural rights in accordance with international human rights standards. The cultural rights
defender label must not be misused to shield or legitimate efforts to undermine human
rights protection.
Examples of the work of cultural rights defenders
19.
The role of cultural rights defenders in defining, claiming and realizing cultural
rights in all regions and across all sectors of cultural rights has been critically important.
The Special Rapporteur expresses appreciation for them and their work, which is essential
for the protection of the rights in her mandate.
20.
The Special Rapporteur has highlighted, inter alia, the important work done by
cultural rights defenders working in the field of cultural heritage; 9 by women cultural rights
defenders;10 by artists and those defending artistic freedom in general (A/HRC/23/34); and
by socially engaged artists and cultural practitioners (A/HRC/37/55, para. 65), in particular.
States and cultural organizations should consider undertaking detailed inventories of the
cultural rights defence work being done within their spheres, because mapping this work,
understanding its contributions and identifying remaining gaps could enhance rights
protection and improve the support available to cultural rights defenders. The following is a
brief review of examples of the types of work being done by cultural rights defenders to
address some issues covered by the cultural rights mandate. The scope of the global body of
work of cultural rights defenders expands far beyond what can be included here.
Freedom of artistic expression
21.
Artist-protection funds, networks and programmes have been developed to fill in
gaps in scholars at-risk programmes and enhance support for those practicing and
defending the right to freedom of artistic expression. Case work on and documentation of
violations of the rights of artists is developing and carried out by many organizations such
as Avant-Garde Lawyers. This must continue and increase, and include those whose work
is considered controversial in accordance with international standards on cultural rights and
freedom of expression. All such efforts are essential and should be supported and magnified
by other human rights groups working to protect human rights defenders, fully reflecting
5
6
7
8
9
10
Minnie Degawan, “Indigenous languages: knowledge and hope”, UNESCO Courier, Issue 1, 2019.
Bérengère Sim, “Meet the women poets preserving indigenous languages in Mexico”, 9 August 2018.
Available at opendemocracy.net.
A/73/227, paras. 11, 14 and 48–55.
International Covenant on Economic, Social and Cultural Rights, art. 5 (1).
A/71/317, paras. 68–75 and 78 (k)–(o).
A/72/155, paras. 37, 98 (l) and (n); see also A/67/287.
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