INTRODUCTION

The overarching research objective of this study was to map and analyse the ways in which culture features in the UN treaty bodies’ State reporting procedure.

This research has taken place in a time of increasing challenges to the universality of human rights. According to the Special Rapporteur in the field of cultural rights at the time of writing, Karima Bennoune:

This indicates a revival of the universalism versus cultural relativism debate, which has been ongoing ever since the adoption of the Universal Declaration of Human Rights in 1948. In general, however, the conclusion can be drawn that, nowadays, this debate has given way to theories which try to reconcile universal human rights and cultural diversity. As chapter 2 has shown, broad consensus exists on that respect for cultural diversity can very well be consistent with the notion of the universality of human rights. In fact, cultural diversity and universal respect for human rights complement and reinforce each other: respect for cultural diversity is ‘an ethical imperative, inseparable from respect for human dignity’. There are positive and negative aspects to culture and cultural diversity in relation to human rights. Culture can be positive, strengthening a community's identity and cohesion; it can also be negative, leading to stigmatisation, marginalisation and harm.

In existing research, scholars have suggested two possible avenues for reconciling universality and cultural diversity, and thereby enhancing the universal legitimacy of human rights: (1) Flexibility in interpretation and implementation of rights, ie, cultural differences can legitimately be taken into account by States when fulfilling their obligations under international human rights law; (2) the process of genuine internal discourse and cross-cultural dialogue about the meaning and implications of basic human values and norms.

When it comes to the universal rights embodied in the UN human rights treaties, the treaty monitoring bodies have an important role in ensuring that a proper balance is struck between safeguarding the universality of these rights with profound cultural diversity.