RES/19/6 Special Rapporteur in the field of cultural rights

GE.12-12713

Human Rights Council Nineteenth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council*

19/6

Special Rapporteur in the field of cultural rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the International Covenant on

Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights, the Vienna Declaration and Programme of Action and all other relevant human

rights instruments,

Recalling also all relevant resolutions of the General Assembly, the Commission on

Human Rights and the Human Rights Council, including Assembly resolutions 62/155 of

18 December 2007 and 63/22 of 13 November 2008, and Council resolutions 6/6 of

28 September 2007 and 10/23 of 26 March 2009,

Noting the declarations within the United Nations system on cultural diversity and

international cultural cooperation, in particular the Declaration of the Principles of

International Cultural Cooperation and the Universal Declaration on Cultural Diversity,

adopted by the General Conference of the United Nations Educational, Scientific and

Cultural Organization in 1966 and 2001, respectively,

Recalling Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the code of conduct for special procedures mandate holders of the

Council, of 18 June 2007, and stressing that all mandate holders shall discharge their duties

in accordance with these resolutions and annexes thereto,

Welcoming the increasing number of States parties to the Convention on the

Protection and Promotion of the Diversity of Cultural Expressions, adopted by the General

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its nineteenth session (A/HRC/19/2), chap. I.

Conference of the United Nations Educational, Scientific and Cultural Organization on

20 October 2005 and which entered into force on 18 March 2007,

Convinced that international cooperation in promoting and encouraging respect for

human rights and fundamental freedoms for all should be based on an understanding of the

economic, social and cultural specificities of each country and the full realization and

recognition of the universality of all human rights and the principles of freedom, justice,

equality and non-discrimination,

Recognizing that cultural diversity and the pursuit of cultural development by all

peoples and nations are a source of mutual enrichment for the cultural life of humankind,

Determined to treat human rights globally in a fair and equal manner, on the same

footing and with the same emphasis,

1. Reaffirms that cultural rights are an integral part of human rights, which are

universal, indivisible, interrelated and interdependent;

2. Recognizes the right of everyone to take part in cultural life and to enjoy the

benefits of scientific progress and its applications;

3. Reaffirms that, while the significance of national and regional particularities

and various historical, cultural and religious backgrounds must be borne in mind, it is the

duty of States, regardless of their political, economic and cultural systems, to promote and

protect all human rights and fundamental freedoms;

4. Recalls, as expressed in the Universal Declaration on Cultural Diversity, that

no one may invoke cultural diversity to infringe upon human rights guaranteed by

international law, nor to limit their scope;

5. Reaffirms that States have the responsibility to promote and protect cultural

rights;

6. Recognizes that respect for the cultural diversity and cultural rights of all

enhances cultural pluralism, contributing to a wider exchange of knowledge and

understanding of cultural background, advancing the application and enjoyment of human

rights throughout the world and fostering stable, friendly relations among peoples and

nations worldwide;

7. Welcomes the work and contributions of the Independent Expert in the field

of cultural rights;

8. Decides to extend, for a period of three years, the mandate of the current

mandate holder as a special rapporteur in the field of cultural rights, as set out in the

relevant United Nations human rights instruments, with the following mandate:

(a) To identify best practices in the promotion and protection of cultural rights at

the local, national, regional and international levels;

(b) To identify possible obstacles to the promotion and protection of cultural

rights, and to submit proposals and/or recommendations to the Human Rights Council on

possible actions in that regard;

(c) To work in cooperation with States in order to foster the adoption of

measures at the local, national, regional and international levels aimed at the promotion and

protection of cultural rights through concrete proposals enhancing subregional, regional and

international cooperation in that regard;

(d) To study the relationship between cultural rights and cultural diversity, in

close collaboration with States and other relevant actors, including in particular the United

Nations Educational, Scientific and Cultural Organization, with the aim of further

promoting cultural rights;

(e) To integrate a gender and disabilities perspective into his or her work;

(f) To work in close coordination, while avoiding unnecessary duplication, with

intergovernmental and non-governmental organizations, other special procedures of the

Human Rights Council, the Committee on Economic, Social and Cultural Rights and the

United Nations Educational, Scientific and Cultural Organization, as well as with other

relevant actors representing the broadest possible range of interests and experiences, within

their respective mandates, including by attending and following up on relevant international

conferences and events;

9. Calls upon all Governments to cooperate with and assist the Special

Rapporteur in the discharge of his or her mandate, to provide him or her with all the

necessary information requested by him or her and to give serious consideration to

responding favourably to his or her requests to visit their countries in order to enable him or

her to fulfil his or her duties effectively;

10. Requests the High Commissioner to provide all the necessary human and

financial resources for the effective fulfilment of the mandate by the Special Rapporteur;

11. Requests the Special Rapporteur to report regularly to the Human Rights

Council and the General Assembly in accordance with their respective programmes of

work;

12. Decides to continue its consideration of this matter under the same agenda

item in accordance with its programme of work.

52nd meeting

22 March 2012

[Adopted without a vote.]