WUNRN
UN Independent Expert on Cultural
Rights
CULTURAL RIGHTS, INTERNATIONAL LAW,
HUMAN DIGNITY, DIVERSITY, GENDER
UN Independent Expert in the field of cultural rights Farida Shaheed stressed that at “the heart of this mandate is the relationship between cultural rights, cultural diversity, and the universality of human rights.”
“I firmly believe that when grounded in existing norms and principles of international human rights law, cultural rights enrich our understanding of the principle of universality of human rights by taking into consideration cultural diversity,” Shaheed said on 31 May when presenting her first report to the Human Rights Council.
She said that cultural rights “are pivotal to the recognition and respect of human dignity.” “They protect the rights of each person –- be it individually, in community with others, or as groups -- to develop and express their humanity, world visions, meanings assigned to life and understanding of development.”
Cultural rights also include the right to question the existing parameters of ‘culture’, to opt in or out of particular cultural entities, and to continuously create new culture.
The Pakistani sociologist warned that “cultural diversity is not to be equated with cultural relativism.” “No one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope,” she said.
“Not all cultural practices accord with international human rights law and, although it is not always easy to identify exactly which cultural practices may not comply with human rights standards, the endeavour always must be to modify and/or discard all practices pursued in the name of culture that impede the enjoyment of human rights by any individual,” she added.
The Human Rights Council established the mandate of the Independent Expert in the field of cultural rights in March 2009. Appointed in November 2009, Shaheed focuses her work on identifying best practices and obstacles to the implementation of cultural rights.
“Challenges are numerous in the field of cultural rights, from the definition of their scope within the human rights system, to the elaboration of policies enabling their implementation in the context of cultural diversity, globalization of information and exchanges, under-development as well as poverty,” she said.
Considering these challenges, the Independent Expert emphasized that “the common basis of all action must be the principle of universality of human rights.”
“Universal human rights must be promoted in diverse cultural contexts by encouraging new thinking and cultural practices for example by ‘cultural negotiation’ within communities; by policies supporting informed, open and participatory debates; and by independent judiciaries and national legal frameworks upholding the universality of human rights,” she said.
“It is the responsibility of States to ensure open spaces for debate and discussion within all communities as well as an environment in which all people can enjoy cultural rights, without discrimination based on their particular identities,” said Shaheed.
The Independent Expert has identified two priority issue areas to address, which include cultural rights: globalization and development processes, and participation and contribution to cultural life without discrimination.
_________________________________________________________________
----- Original Message -----
From: WUNRN
ListServe
To: WUNRN ListServe
Sent: Friday, May 14, 2010 11:39 AM
Subject: Independent Expert on Cultural Rights Report to the UN 2010
WUNRN
INDEPENDENT EXPERT ON CULTURAL
RIGHTS REPORT TO THE UN 2010
Direct Link to Full 20-Page Report:
- Click Language Desired as E for English.
IV. Areas of Concern and Priority
Issues for the Mandate
B.
Participation, Access and Contribution to Cultural Life, Without Any Discrimination
3. A Gendered Perspective on Cultural Rights
62. Noting that "gender" is a social construction that, along with
attendant
gendered norms of behaviours, is changeable over time and contexts,
the Independent Expert will address specifically, the right of women and
girls (as well as boys and men) to participate in cultural life regardless
of their gender identity.
63. Noting that some cultural practices may be particularly detrimental
to the
rights of women and girls, and noting also in this regard the work of the
Special Rapporteur on Violence Against Women, Its Causes and
Consequences on the issues of culture, the Independent Expert will
pay
due attention to the need to implement cultural rights in a way that
is fully respectful of the rights of women and girls not to be discriminated
against
and that upholds all their human rights.
64. The Independent Expert will focus on the contribution of women and
girls
to the cultural development of communities they belong to, including their
contribution to the development of common values of those communities,
which
is pivotal to the implementation of their cultural rights.
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.