Original HRC document

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Document Type: Final Resolution

Date: 2019 Apr

Session: 40th Regular Session (2019 Feb)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Topic: Minorities, Cultural Rights

GE.19-05717(E)

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Human Rights Council Fortieth session

25 February–22 March 2019 Agenda item 3

Resolution adopted by the Human Rights Council on 21 March 2019

40/6. Promotion of the enjoyment of the cultural rights of everyone and

respect for cultural diversity

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 64/81 of 7

December 2009 and 64/174 of 18 December 2009, and Council resolutions 10/23 of 26

March 2009, 14/9 of 18 June 2010, 17/15 of 17 June 2011, 19/6 of 22 March 2012, 20/11 of

5 July 2012, 23/10 of 13 June 2013, 25/19 of 28 March 2014, 28/9 of 26 March 2015, 31/12

of 23 March 2016, 34/2 of 23 March 2017 and 37/12 of 22 March 2018,

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,

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

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

20 October 2005 and that 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,

United Nations A/HRC/RES/40/6

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 that, as expressed in the Universal Declaration on Cultural Diversity,

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, and that these rights should be guaranteed for all, without discrimination;

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 heritage and background, advancing the application and

enjoyment of human rights throughout the world and fostering stable, friendly relations

among peoples and nations worldwide;

7. Also recognizes that respect for cultural rights is essential for development,

peace, the eradication of poverty, building social cohesion and the promotion of mutual

respect, tolerance and understanding between individuals and groups, in all their diversity;

8. Emphasizes that the universal promotion and protection of human rights,

including cultural rights, and respect for cultural diversity should reinforce each other;

9. Welcomes the work and contributions of the Special Rapporteur in the field

of cultural rights, and takes note with appreciation of her latest report submitted to the

Human Rights Council,1 which commemorates the 10 years of the mandate;

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

Rapporteur in the discharge of the mandate, to provide the mandate holder with all the

necessary information requested by her and to give serious consideration to responding

favourably to her requests to visit their countries in order to enable her to fulfil her duties

effectively;

11. Requests the United Nations High Commissioner for Human Rights to

provide all the human and financial resources necessary for the effective fulfilment of the

mandate by the Special Rapporteur;

12. Requests the Special Rapporteur to pay due attention to the enjoyment of

cultural rights by persons with disabilities;

13. Also requests the Special Rapporteur to continue to work, within her mandate,

with relevant stakeholders towards the comprehensive promotion and protection of cultural

rights, and to report regularly to the Human Rights Council and the General Assembly, in

accordance with their respective programmes of work;

1 A/HRC/40/53.

14. Further requests the Special Rapporteur, within the scope of her mandate, to

participate in relevant international forums relating to the implementation of the 2030

Agenda for Sustainable Development, and to contribute to its implementation, including by

providing advice to States, international organizations, civil society and other stakeholders

on the effective respect, protection and fulfilment of cultural rights in the implementation of

the 2030 Agenda;

15. Decides to continue its consideration of this matter under the same agenda item in

accordance with its programme of work.

52nd meeting

21 March 2019

[Adopted without a vote.]