UNDP-OHCHR TOOLKIT There is great potential for NHRIs to advance cultural rights. Sustainable societal transformation does not emerge solely from models or values that are imported from outside of a given regional context. Local cultures also offer insights into potential strategies for advancing human rights. NHRIs can play a key role in fostering connections between these international and local approaches to development. However, culture, traditions and religions can also become the source of discrimination and of harmful practices. For example, cultural practices that discriminate against women and girl children are widespread and can be highly divisive when religious observance, ethnic identity and established tradition confront women’s equality claims. Similarly, Lesbian, gay, bisexual, or transgender (LGBT) persons often experience significant social stigma, persecution and sometimes criminal victimisation in the name of religion, morality or tradition. Inequality in the enjoyment of human rights by certain vulnerable groups, notably women, indigenous peoples and many others is often deeply embedded in tradition, history and culture, including religious attitudes. While culture is obviously central to economic, social and cultural rights, it also poses unique and particular difficulties for a range of rights: equality between women and men, for example, or for the way in which particular minorities are treated, or how a receiving State treats an influx of migrants from a neighbouring country. Peer pressure, social conformity and pressure from elders are powerful elements of culture, and may affect attempts to eliminate harmful practices. Using the example of female genital mutilation, peer pressure should not be underestimated in programs and awareness campaigns, as young girls feel pressure to undergo the rite to prevent social exclusion. The practical implications for NHRIs are that they should focus on first ascertaining the cultural rationale, and working with social and cultural leaders and their communities to help in changing these practices. The following is a list of important international documents related to cultural rights. 11 Declaration on Cultural Diversity (2001) The UNESCO Universal Declaration on Cultural Diversity (2001) acknowledges cultural heritage as a basic part of how human beings identify and express themselves. Specific examples are: oral expressions and traditions, including language, performing arts, social practices, rituals and festive events, knowledge and 90 practices concerning nature and the universe; traditional craftsmanship and music; cultural spaces: places where popular and traditional cultural activities occur. 11 Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) Referred to as the “UNESCO Convention”, cultural diversity is expressed here not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. The UNESCO Convention also acknowledges and addresses the tension that sometimes exists between culture and human rights: Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, or to limit the scope thereof. Cultural rights or religious norms cannot be invoked to deny or violate human rights and fundamental freedoms. As such, “cultural relativism” is not an excuse to infringe upon human rights. It is for this reason that CEDAW obliges States to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices, customs and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. The Committee on Conventions and Recommendations is a key instrumental body in monitoring the implementation of the UNESCO Conventions. Efforts are currently being carried out to explore greater synergies between this mechanism and the UN Human Rights System. The Committee on ESCR issued a General Comment on the right to take part in cultural life (art. 15 ICESCR) in December 2009. >> General Comment No. 28 UN Human Rights Committee’s General Comment No. 28 provides a critical link between the International Covenant on Civil and Political Rights (ICCPR), cultural