Pre-Forum regional meetings:

Towards a Right to Cultural Identity in International Human Rights Law

43. Dr Yvonne Donders started by stating that culture is hard to translate into legal terms. She reminded that there is an increasing demand to secure the right to cultural identity as a human right since restriction or oppression of cultural identity can lead to confusion, alienation or even violent conflict. Although there are no formal provisions in any international human rights treaty, some experts argue that cultural identity is already protected by existing human rights. Dr Donders underlined that instead of developing a new right to cultural identity; the already existing human rights �should be further clarified and implemented in the light of the protection of cultural identity by strengthening their cultural components�.

44. She examined the concept of cultural identity and its core components and reminded that identity tends to grow stronger when under jeopardy or threat. Nevertheless, questionable cultural activities such as the inferior position of women in some cultural communities are in conflict with human dignity and cannot be promoted within the framework of cultural rights. She also stressed the difficulty of defining what are �cultural groups� and who are the ones entitled to the definition of �people� or �cultural identity� without the danger of minorisation.

45. Dr Donders stressed that the idea of a right to cultural identity stems from several discussions within the human rights framework, including on cultural rights, collective rights and universalism versus cultural relativism. She distinguished between the narrow group of cultural rights (which explicitly refer to culture, such as Article 15 of the International Covenant on Economic, Social and Cultural Rights and Article 27 of Civil and Political Rights) and to the broad group of cultural rights (rights that have a direct link with culture, such as freedom of religion, right to education, etc.) The content of cultural rights is underdeveloped. With regard to collective rights, she underlined the importance of the community in the well-being of individuals, which is why many scholars argue that protecting cultural identity should be based on collective rights rather than individual rights, that has traditionally been the basis of human rights.

46. Concerning the tension between universalism and cultural relativism, she explained that universalists claim that all people are equal just by birth, and relativists claim that universal values as such do not exist. Dr Donders also stated that some scholars argue that cultural identity is contradictory to some fundamental principles, such as equality and non-discrimination as it encourages difference. However, she underlined that �it is reasonable to argue that equality and non-discrimination as key principles of human rights also concern the recognition of diversity and a right to be different�.

47. Dr Donders offered a general overview of the main international human rights instruments that have an explicit mention on cultural rights or on culture. As main legally binding documents she mentioned the Article 15 of the International Covenant on Economic, Social and Cultural Rights , Article 27 of the International Covenant on Civil and Political Rights (the Right to Enjoy Culture for Minorities, UNESCO Declaration on Cultural Co-operation, UNESCO (1966) Recommendation on Participation by the People at Large in Cultural Life and Their Contribution (1976), UNESCO Declaration on Race and Racial Prejudice (1978) and UNESCO Declaration on Cultural Diversity (2001). She also mentioned the Draft Declaration of Cultural Rights of the Fribourg Experts� Group that even though it was not adopted by states, contributed largely to the elaboration of the Declaration on Cultural Diversity.

48. As conclusion, Dr Donders stated that in her opinion a separate right to cultural identity should not be developed. Reasons for that are the vagueness of the concept, the coverage of the existing human rights instruments and the risk of abuse. She concluded the presentation by stating:� cultural rights have long been neglected. They should be better clarified and better implemented. A critical attitude towards cultural practices that limit the rights and freedoms of others should not lead to a rejection of cultural rights as a whole. Cultural human rights are essential to protect an important part of human dignity. Many communities and individuals need protection of their cultural identity. It should be the basis to end policies of forced assimilation and discrimination. It should respect the right to be different based on the human rights principle of equality. The right to be different implies the right no to be excluded, humiliated, exploited or forcibly assimilated. It is in relation to these issues that cultural rights should be respected, protected and promoted.�

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