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, 94

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