Cultural Rights
Cultural rights cover a broad range of rights and issues, including information
and communication; language; identity; art; the right to belong to multiple,
diverse and changing communities; and the pursuit of specific ways of life,
religious practices, education and training.197 Because cultural rights cover
so many different, yet interrelated, aspects of life, there exists no official
definition of such rights. However, the Special Rapporteur in the field of
cultural rights concludes that “culture can be understood as a product, as
a process and as a way of life, and imply that culture includes references
beyond ethnicity, language and religion.”198
In this chapter the focus lies on the right to education and the right to
freedom of religion.
Restrictions on the Right to Education
The right to education is protected by many human rights declarations,199 and
Article 50 of the Fourth Geneva Convention states that an occupying power
“shall, with the cooperation of the national and local authorities, facilitate
the proper working of all institutions devoted to the education of children.”200
One of the restrictions on the right to education of Palestinians has been
imposed by the Annexation and Segregation Wall and its associated permit
regime, which imposes severe restrictions on students, particularly on those
living in or near a Seam Zone.
197 Farida Shaheed, “Report of the independent expert in the field of cultural rights, Ms. Farida Shaheed,
submitted pursuant to resolution 10/23 of the Human Rights Council”, United Nations, 22 March
2010, page 5. Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.
HRC.14.36_en.pdf
198 Ibid. page 4
199 See for example UN General Assembly, “International Covenant on Economic, Social and Cultural
Rights”, 16 December 1966. Available at: www.refworld.org/docid/3ae6b36c0.html; and the UN
General Assembly, “Convention on the Rights of the Child”, 20 November 1989. Available at: www.
refworld.org/docid/3ae6b38f0.html
200 International Committee of the Red Cross (ICRC), “Geneva Convention Relative to the Protection of
Civilian Persons in Time of War (Fourth Geneva Convention)”, 12 August 1949. Available at: http://
www.refworld.org/docid/3ae6b36d2.html
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