Intersessional workshop on cultural rights and the protection of cultural heritage

​​Economic, Social and Cultural Rights

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​​Economic, Social and Cultural Rights

Background

In its resolution 37/17 entitled “Cultural rights and the protection of cultural heritage”, the Human Rights Council requested the United Nations High Commissioner for Human Rights:

a. To convene, before the forty-fourth session of the Human Rights Council, and in collaboration with the Special Rapporteur in the field of cultural rights, relevant agencies and other stakeholders, a two-day workshop in Geneva with the participation of experts from all regions of the world to develop appropriate tools for the dissemination of an approach to the protection, restoration and preservation of cultural heritage that promotes universal respect for cultural rights by all;

b. To submit a report thereon to the Human Rights Council at its forty-sixth session. (Due to the COVID-19 pandemic and associated restrictions, the organization of the workshop was postponed, and the report due to be submitted at the forty-eighth session in September-October 2021.)

International standards

The protection of cultural heritage is provided for under the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. As noted by the Special Rapporteur in the field of culture, its legal basis derives particularly from:

  • the right to take part in cultural life;
  • the right of members of minorities to enjoy their own culture; and
  • the right of indigenous peoples to self-determination and to maintain, control, protect and develop cultural heritage (A/71/317).

States’ obligation to respect and protect cultural heritage

The Committee on Economic, Social and Cultural Rights has underscored the obligation of States to respect and protect cultural heritage in all its forms, in times of war and peace, and natural disasters. The Committee also noted that cultural heritage must be preserved, developed, enriched and transmitted to future generations as a record of human experience and aspirations, in order to encourage creativity in all its diversity and to inspire a genuine dialogue among cultures.

Themes of the workshop

Against this background, the intersessional workshop focused on the following themes:

(a) tools for mainstreaming a human rights-based approach to cultural heritage;

(b) cultural heritage in crisis; and

(c) supporting cultural rights defenders working on cultural heritage protection.

Background documents

  • Concept note
  • Programme of the workshop
  • Guidance for speakers' list
  • Human Rights Council resolution 37/17 on cultural rights and the protection of cultural heritage (A/HRC/RES/37/17)
  • Report of the Special Rapporteur in the field of cultural rights: mapping and preliminary views on destruction of cultural heritage as a violation of human rights (2016) (A/HRC/31/59)
  • Report of the Special Rapporteur in the field of cultural rights on a human rights-based approach to the intentional destruction of cultural heritage (2016) (A/71/317)
  • General Comment 21 of the Committee on Economic, social and cultural rights (E/C.12/GC/21, 2009)

List of contributors

DAY TWO 15 JUNE 2021

Afternoon session