A/HRC/34/56
II. International legal framework
A.
Relevant international standards
40.
Depending on the specific manifestation, fundamentalist and extremist ideologies
and, in particular, the actions they incite may give rise to violations of a broad range of
internationally guaranteed human rights. These include the rights to equality, life, liberty,
bodily integrity and humane treatment, freedom from torture, the right to privacy, freedom
of opinion, of peaceful assembly and of association, the right to take part in cultural life,
scientific and artistic freedom, free consent in marriage, the full panoply of sexual and
reproductive rights, as well as the rights to health, education, political participation,
freedom from slavery and slavery-like practices, work, freedom of expression, and freedom
of thought, conscience and religion. Particular attention has to be paid to the rights of
women, minorities, lesbian, gay, bisexual and transgender persons, refugees and migrants.
41.
In the most extreme cases, the full spectrum of human rights may be violated, and
specific violent practices of fundamentalist and extremist groups may constitute acts of
terrorism, and/or international crimes, including crimes against humanity, genocide, war
crimes or other violations of international humanitarian law. This is true whether the
specific perpetrators are State or non-State actors and wherever these violations take place.
It is in the context of this broader, systematic threat to so many human rights that the grave
effects of fundamentalism and extremism on cultural rights must be seen.
42.
The Special Rapporteur stresses the State’s obligations to respect human rights and
to protect them from acts of non-State actors, including fundamentalist and extremist
groups, in particular the right to hold and express opinions without interference on any
matter, including religion, culture and tradition. States also must respect and protect
freedom of thought, conscience and religion, including the right to be a religious believer
but also the “right not to profess any religion or belief”.19 In addition, “no one shall be
subject to coercion which would impair his freedom to have or to adopt a religion or belief
of his choice”.20 Acts of fundamentalist and extremist Governments or movements that aim
at shaping, through coercion or abuse, adherence to certain beliefs, world visions and
cultural practices are contrary to human rights standards.
43.
The Special Rapporteur underlines the centrality and importance of cultural rights,
based in particular on article 27 of the Universal Declaration of Human Rights and article
15 of the International Covenant on Economic, Social and Cultural Rights, meaning the
rights for each person, as well as groups, to develop and express their humanity, their world
view and the meanings they give to their existence and their development through, inter
alia, values, beliefs, languages, knowledge and the arts, and ways of life. Cultural rights
also protect access to and enjoyment of cultural heritage, freedom of artistic expression and
scientific freedom. States must respect these rights and protect them from interference by
fundamentalist and extremist movements. Article 2 (2) of the Covenant prohibits
discrimination with regard to these rights, while article 3 states that men and women are
equally entitled to the enjoyment of economic, social and cultural rights.
44.
Artistic freedom is protected under articles 15 (3) of the International Covenant on
Economic, Social and Cultural Rights, 19 (2) of the International Covenant on Civil and
Political Rights and 27 of the Universal Declaration of Human Rights. Artistic freedom
19
20
10
See Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought,
conscience and religion, para. 2.
International Covenant on Civil and Political Rights, art. 18 (2).