Human Rights Council

Thirty-s eventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Councilon 22 March 2018

3 7 / 12. Mandate of the 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, the most recent being Council resolution 34/2 of 23 March 2017,

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 its resolutions 5/1, on institution-building of the Human Rights 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 those 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 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,

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 inclusion and 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 and 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;

10.Decides to renew, for a period of three years, the mandate of the Special Rapporteur in the field of cultural rights, to enable the mandate holder to continue to work in accordance with the mandate established by the Human Rights Council in its resolution 19/6;

11.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 the requests of the mandate holder to visit their countries in order to enable her to fulfil her duties effectively;

12.Requests the United 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;

13.Requests the Special Rapporteur to report regularly to the Human Rights Council and the General Assembly in accordance with their respective programmes of work;

14.Also requests the Special Rapporteur, within the scope of her mandate, to participate in relevant international forums related 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.

53rd meeting 22 March 2018

[Adopted without a vote.]