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Module 7. The Right to Education
The Duty to Respect, Protect, and Fulfil Obligations Relating to Participation in Cultural Life, Recreation, Leisure, and Sport

Taken as a whole, States’ obligations with regard to the right to participation in cultural life, recreation, leisure, and sport include:

  1. Obligation to respect:

    States refrain from engaging in any act, custom, or practice that creates barriers to enjoyment of the right to participate in cultural life and sport.

    Example: The State refrains from limiting or interfering with the access of persons with disabilities to sporting and recreational venues and adopts laws and policies that outline accessibility guidelines in such venues.

    Example: The State refrains from enforcing discriminatory practices as State policy and does not impose discriminatory practices relating to cultural life, such as restricting or limiting the use of sign language.

  2. Obligation to protect:

    States ensure that non-State or private actors do not violate the rights to participate in cultural life and sport.

    Example: The State requires sign language interpretation to be provided for a cultural event open to the public in a private theatre.

    Example: The State undertakes accessibility audits of sporting arenas open to the public and recreational facilities operated by private companies.

  3. Obligation to fulfil:

    States must take proactive steps to ensure enjoyment of the right to participate in cultural life and sport by persons with disabilities.

    Example: The State provides appropriate training for tourism officials on providing accommodations to persons with disabilities.

    Example: The State adopts a national action plan addressing a comprehensive strategy to make sporting arenas accessible to persons with disabilities as participants and as spectators.

In sum, international human rights law strongly supports the right of persons with disabilities to participate in cultural life, recreation, leisure, and sport. The observation of these rights facilitates the enjoyment of other rights.

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