b.
“To respect the right of everyone to identify or not identify
themselves with one or more communities, and the right to
change their choice”;
c.
“To respect and protect the right of everyone to engage in
their own cultural practices, while respecting human rights
which entails, in particular, respecting freedom of thought,
belief and religion; freedom of opinion and expression; a
person’s right to use the language of his or her choice;
freedom of association and peaceful assembly; and freedom
to choose and set up educational establishments;”
d.
“To eliminate any barriers or obstacles that inhibit or restrict
a person’s access to the person’s own culture or to other
cultures, without discrimination and without consideration
for frontiers of any kind;”
e.
“To allow and encourage the participation of persons
belonging to minority groups, indigenous peoples or to
other communities in the design and implementation of laws
and policies that affect them. In particular, States parties
should obtain their free and informed prior consent when
the preservation of their cultural resources, especially those
associated with their way of life and cultural expression, are
at risk.”386
4. The “international obligations”387: “States parties should, through international
agreements where appropriate, ensure that the realization of the right of everyone to
take part in cultural life receives due attention.”388
States must also ensure the special protection of the cultural rights of particularly vulnerable
groups, such as women, children, older persons, persons with disabilities, minorities,
migrants, indigenous peoples, and persons living in poverty.389
Finally, as with other rights, the restriction or limitation of cultural rights is possible only in
specific circumstances, where such restrictions are unavoidable and necessary. The CESCR
highlights this point in General Comment No. 21:
Applying limitations to the right of everyone to take part in cultural life may be
necessary in certain circumstances, in particular in the case of negative practices,
including those attributed to customs and traditions, that infringe upon other human
rights. Such limitations must pursue a legitimate aim, be compatible with the nature
of this right and be strictly necessary for the promotion of general welfare in a
democratic society, in accordance with article 4 of the Covenant. Any limitations
must therefore be proportionate, meaning that the least restrictive measures must be
taken when several types of limitations may be imposed. The Committee also wishes
to stress the need to take into consideration existing international human rights
standards on limitations that can or cannot be legitimately imposed on rights that are
intrinsically linked to the right to take part in cultural life, such as the rights to
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