ESCR Document Database

Draft Declaration on Cultural Rights

Organization: United Nations Educational, Scientific and Cultural Organization


[The General Conference of the United Nations Educational, Scientific and Cultural Organisation,]

(1) Recalling the Universal Declaration of Human Rights, the two International Covenants, the Constitution of UNESCO and other relevant instruments;

(2) recognising that human rights are universal and indivisible and that cultural rights are, no less than other human rights, an expression and requirement of human dignity;

(3) considering the need to take into account cultural rights per se, on the one hand, and the cultural dimension of all currently recognised human rights, on the other;

(4) convinced that mutual respect between different cultural identities is both the precondition for combating intolerance, racism and xenophobia and the foundation of all democratic culture, which is essential for peace and development;

(5) believing that the recognition and exercise of cultural rights are means of protecting and promoting cultural identities and fostering the expression of different cultures and intercultural dialogue in democratic societies;

proclaims this Declaration on Cultural Rights with a view to encouraging their recognition and implementation locally, regionally, nationally and universally.

Article 1. definitions

For the purposes of this Declaration,


Article 2. fundamental principles

The rights expressed in this Declaration are an integral part of human rights, and are therefore essential for human dignity ; consequently :


Article 3. cultural identity and heritage

1. Everyone, either alone or in community with others, has the right to:


2. These rights entail an obligation for everyone to respect this heritage; custodians of the heritage, and particularly public authorities, have a responsability to preserve it for present and future generation and to guarantee access to it.

Article 4. identification with a cultural community

1. Everyone is free to choose whether or not to identify with a cultural community or with more than one cultural community simultaneously, regardless of borders, and to modify that choice;

2. No one may be designated as belonging to a cultural community, or be assimilated into one, against his or her will.

Article 5. participation in cultural life

1. Everyone, either alone or in community with others, is entitled, regardless of borders, to have access to and participate freely in cultural life through activities of his or her choice.

2. This right entails, in particular:


3. It also entails the right to protection of material and non-material interests derived from works which are the products of cultural activity.

Article 6. education and training

1. In the general context of the right to education, everyone, alone or in community with others, is entitled, in the course of his or her life, to education and training that contribute to the free and full development of his or her cultural identity in a manner that respects the diversity of cultures; this right covers, in particular:


2. This right places everyone, particularly public authorities, under an obligation to ensure, as far as available resources permit, that the right is exercised under conditions of equality.

Article 7. Information

1. In the general context of the right to information, everyone, alone or in community with others, is entitled to information that contributes to the free and full development of his or her cultural identity in a manner respecting the diversity of cultures; this right covers, in particular:


2. This right places everyone, particularly public authorities, under an obligation to ensure, as far as available resources permit, that the right is exercised under conditions of equality.

Article 8. participation in cultural policies

1. Everyone, alone or in community with others, is entitled to participate, inaccordance with democratic procedures, in the formulation, implementation and assessment of cultural policies which affect him or her, and in leading their own cultural development, by the cultural community in which it is in keeping with.

2. This right entails participation in policies of intercultural co-operation at all levels.

Article 9. implementation: general responsibility

The implementation of the present Declaration requires the initiative and support of members in civil society and public authorities in order:


Article 10. implementation: responsibility of states

It is the duty of States, as part of their specific responsibilities: