Cultural Rights in International Law


Book Description

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.




Cultural Rights as Collective Rights


Book Description

Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.




Cultural Rights in International Law and Discourse


Book Description

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.




Cultural Human Rights


Book Description

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.




Culture and Rights


Book Description

Part I: Setting universal rights




Economic, Social and Cultural Rights


Book Description

The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This revised edition updates the information.




Giving Meaning to Economic, Social, and Cultural Rights


Book Description

The Universal Declaration of Human Rights, arguably the founding document of the human rights movement, fully embraces economic, social, and cultural rights, as well as civil and political rights, within its text. However, for most of the fifty years since the Declaration was adopted by the General Assembly of the United Nations, the focus of the international community has been on civil and political rights. This focus has slowly shifted over the past two decades. Recent international human rights treaties—such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women—grant equal importance to protecting and advancing nonpolitical rights. In this collection of essays, Isfahan Merali, Valerie Oosterveld, and a team of human rights scholars and activists call for the reintegration of economic, social, and cultural rights into the human rights agenda. The essays are divided into three sections. First the contributors examine traditional conceptualizations of human rights that made their categorization possible and suggest a more holistic rights framework that would dissolve such boundaries. In the second section they discuss how an integrated approach actually produces a more meaningful analysis of individual economic, social, and cultural rights. Finally, the contributors consider how these rights can be monitored and enforced, identifying ways international human rights agencies, NGOs, and states can promote them in the twenty-first century.




Negotiating Cultural Rights


Book Description

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.




Indigenous Peoples' Cultural Heritage


Book Description

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.




Research Handbook on Economic, Social and Cultural Rights as Human Rights


Book Description

This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.