A/HRC/16/37
were sources necessary to examine and convey values and reminds all that human rights
were themselves a cross-cutting tradition.
32.
Traditions could be considered a cultural heritage, cultural references that allowed
human beings to identify with them, individually and in common, and to communicate with
each other. As such, traditions must be approached with respect, but also with a critical
attitude, given that they were not immutable. This “critical respect” towards tradition was
the responsibility of all those who shared this reference.
33.
Mr. Meyer–Bisch pointed out that the three elements building the scope of human
rights comprised in article 1 of the Universal Declaration – freedom, equality in dignity and
solidarity – corresponded to some fundamental capacities: of reason and conscience, of
freedom and of responsibility. While dignity was always of individuals, it was difficult to
conceive of it without collective references and modes of transmission, such as families,
communities, heritage, schools and the media.
34.
Regarding the relationship between tradition and innovation, Mr. Meyer–Bisch
stressed that the development of cultural assets required conditions to allow excellence,
valorization and creation. Cultural poverty could be defined as the failure of persons or
communities to have access to those cultural resources that are necessary for their identity,
freedoms, responsibilities and social ties. Prejudicial practices violating human rights and
human dignity could be seen as indicators of cultural impoverishment, and it was the
common responsibility of all to criticize them. This process could serve simultaneously as a
respectful critique of traditional values and for the restoration of the dignity of persons and
communities. Lastly, Mr. Meyer-Bisch suggested that intercultural dialogue may be
insufficient to critically reflect on controversial issues and difficulties. Instead, he
underscored the importance of intercultural debate as a means to benefit from the diversity
of resources of our common reason.
35.
After the interventions by the experts, several non-governmental organizations and
State representatives made comments. According to the International Commission of
Jurists, the international human rights legal framework had been established to ensure that
human rights were guaranteed for all human beings everywhere, regardless of whether they
belonged to a particular religion or none at all. The content of human rights must thus be
determined not in reference to tradition or religion, but to international law as it was
interpreted by legal authority and evolved over time. The world’s multiple and multifaceted
traditions, cultures and religions offered us many positive and humanistic values and
practices. However, some traditions, cultures or religions were not shared by everyone.
International human rights law acknowledged the diversity of the human family and the
unique nature of every individual through the principles of dignity, universality, nondiscrimination and equality before the law. It sought to protect the individual from harmful
practices, violence and discrimination whether or not the perpetrators invoked tradition,
culture or religion as justifications.
36.
The Youth Coalition for Sexual and Reproductive Rights drew attention to the fact
that traditional values, such as those surrounding gender, age, disability, race, caste and
sexuality, had led to the marginalization of numerous individuals and groups of persons.
Examples of human rights violations and abuses included the murder of young women and
men who married outside their caste, the denial of contraception to young unmarried people
in public health services, the denial of comprehensive sexuality education in public schools
and violence against lesbians and gays.
37.
The Russian Civic Chamber underscored the fact that some universal human rights
did not necessarily fit in with local traditions. For example, the idea of “privacy” was not
always easy to translate. In many regions of the Russian Federation, there was a prevalence
of communal values over individual values. Some values were the main guarantee of
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