A/HRC/8/18
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C. Cultural rights under the Universal Declaration of Human Rights and
the International Covenant on Economic, Social and Cultural Rights
9.
Article 27 of the Universal Declaration of Human Rights stipulates that everyone “has the
right freely to participate in the cultural life of the community, to enjoy the arts and to share in
scientific advancement and its benefits”. Article 15 of the International Covenant on Economic,
Social and Cultural Rights includes the rights (a) to take part in cultural life; (b) to enjoy the
benefits of scientific progress and its applications; and (c) to benefit from the protection of the
moral and material interests. Furthermore, under paragraph 3 of article 15, States parties to the
Covenant undertake to respect the freedom indispensable for scientific research and creative
activity. Under paragraph 4 of the same article, they recognize the benefits to be derived from
the encouragement and development of international contacts and cooperation in the scientific
and cultural fields. Through its reporting guidelines, the Committee on Economic, Social and
Cultural Rights has provided further clarification of the content of article 15 of the Covenant.4
D. Protection of religious freedom under the Fourth Geneva Convention
10. With regard to the rights of the civilian population during a period of occupation, article 27
of the Fourth Geneva Convention provides that the protected persons are entitled to respect for
“their religious convictions and practices, and their manners and customs”. According to the
authoritative commentary of the International Committee of the Red Cross (ICRC) to that article,
“religious freedom is closely connected with the idea of freedom to practice religion through
religious observances, services and rites. Protected persons […] in the occupied territory must be
able to practise their religion freely, without any restrictions other than those necessary for the
maintenance of public law and morals”.5 The ICRC interpretation of the article further states that
4
Revised general guidelines regarding the form and contents of reports to be submitted by
states parties under articles 16 and 17 of the International Covenant on Economic, Social and
Cultural Rights E/C.12/1991/1. In particular, States are requested to provide information on
(a) availability of funds for the promotion of cultural development and popular participation in
cultural life; (b) the institutional infrastructure established for the implementation of policies to
promote popular participation in culture; (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; (h) professional education in the
field of culture and art; and (i) other measures taken for the conservation, development and
diffusion of culture. States are also required to report on measures taken to realize the right of
everyone to enjoy the benefits of scientific progress and its applications, including those aimed at
the preservation of mankind’s natural heritage and those taken to promote the diffusion of
information on scientific progress. On the issue of international contacts and co-operation in the
scientific and cultural fields, States are to report on measures taken for, i.a., participation by
scientists, writers, artists and others involved in scientific research or creative activity, in
international scientific and cultural conferences, seminars, symposiums, etc.
5
http://www.icrc.org/ihl.nsf/COM/380-600032?OpenDocument.
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