RES/28/9 Mandate of the Special Rapporteur in the field of cultural rights

GE.15-07542 (E)

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Human Rights Council Twenty-eighth 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

28/9. 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, 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 and 25/19 of 28 March 2014,

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 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 reports submitted to the

Human Rights Council;

10. Decides to extend, 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 him or her and to give serious consideration to

responding favourably to the requests of the mandate holder to visit their countries in order

to enable him or her to fulfil his or 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. Decides to continue its consideration of this matter under the same agenda

item in accordance with its programme of work.

55th meeting

26 March 2015

[Adopted without a vote.]