give to their existence, and build their world view representing their
encounter with the external forces affecting their lives.371
The cultural rights protected under Article 15 are closely related to freedom of expression, as
well as to the right to the full development of the human personality.372 The right to manifest
one’s culture is thus conceived as forming a fundamental element of human dignity. In
addition, these rights seek to ensure that everyone in society equally enjoys the benefits of
scientific progress, which may enhance their enjoyment of other ICESCR rights, including
those rights that relate to health and adequate living standards.
In its Reporting Guidelines, the CESCR sets out the following elements in terms of assessing
the realization of the right of everyone to take part in cultural life:
(a) Availability of funds for the promotion of cultural development and
popular participation in cultural life, including public support for private
initiative.
(b) The institutional infrastructure established for the implementation of
policies to promote popular participation in culture, such as cultural centres,
museums, libraries, theatres, cinemas, and in traditional arts and crafts.
(c) Promotion of cultural identity as a factor of mutual appreciation among
individuals, groups, nations and regions.
(d) Promotion of awareness and enjoyment of the cultural heritage of
national ethnic groups and minorities and of indigenous peoples.
(e) Role of mass media and communications media in promoting
participation in cultural life.
(f) Preservation and presentation of mankind’s cultural heritage.
(g) Legislation protecting the freedom of artistic creation and performance,
including the freedom to disseminate the results of such activities, as well as
an indication of any restrictions or limits imposed on the freedom.
(h) Professional education in the field of culture and art.
(i) Any other measures taken for the conservation, development and
diffusion of culture.373
Moreover, in its twenty-first General Comment in 2009, the CESCR underscored that
“cultural rights may be exercised by a person (a) as an individual, (b) in association with
others, or (c) within a community or group, as such.”374 Thus, the right to culture has a
strong collective aspect.
The CESCR defines “taking part” as synonymous with “participation,” which includes three
main, interrelated components: (a) participation in, (b) access to, and (c) contribution to
cultural life.375 The CESCR also identifies five conditions for the realization of the right to
take part to cultural life:
Availability
“Availability is the presence of cultural goods and services that are open
for everyone to enjoy and benefit from, including libraries, museums,
theatres, cinemas and sports stadiums; literature, including folklore, and
the arts in all forms; the shared open spaces essential to cultural
interaction, such as parks, squares, avenues and streets; nature’s gifts,
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