Summary

In her report to the Human Rights Council, submitted in accordance with Council resolution 55/5, the Special Rapporteur in the field of cultural rights, Alexandra Xanthaki, focuses on the digitalization of cultural heritage and its impact on cultural rights. After presenting an overview of her activities over the past year, she discusses the importance of adopting a cultural rights approach to digitalization of cultural heritage in order to overcome weaknesses that have not been addressed. A cultural rights approach to digitalization involves asking questions regarding who decides which heritage will be digitalized, when, how and in which form. A cultural rights approach places a priority on recognition of source communities; non-discrimination in selecting, identifying and protecting cultural heritage; equitable benefits; the real and meaningful participation of all, especially source and guardian communities, to varying degrees; respect for cultural diversity in protecting and preserving cultural heritage; and, finally, revisability and accountability with regard to decision-making. In the present report, the Special Rapporteur asks States to take measures to ensure that commercial interests do not limit cultural rights in digitalization processes and to push international organizations to revise their documents, policies and standards so that they are consistent with the cultural rights approach.