Cultural Human Rights

1. Faculty of Law Cultural Human Rights Prof. Dr. Yvonne Donders

2. Cultural Rights Human rights that promote and protect cultural interests of individuals and communities and that are meant to advance their capacity to preserve, develop and change their cultural identity. 2

3. Challenges Cultural Rights Concept of culture Identification of normative content, rightsholders and State obligations Cultural rights as human rights Equality and non-discrimination Universality  cultural relativism 3

4. Concept of Culture Not static, but dynamic Not only product (objective dimension), but also process (subjective dimension) Broad meaning, including language, religion, education, customs, land, arts, literature, work, sports, etc. Individual and collective dimension 4

5. Cultural Rights and Equality Equality  Right to be Different Having equal rights ≠ being treated equally 5

6. Cultural Rights and Universality Universalism – cultural relativism Formal  substantive Application  implementation Subjects  norms Universal value and application of human rights does not necessarily imply the uniform implementation of these rights 6

7. Existing Cultural Rights Explicit: right to take part in cultural life, right to enjoy culture for members of minorities, right to cultural autonomy for indigenous peoples Implicit: right to self-determination; rights to freedom of expression, information, religion, association; right to education Cultural dimension of human rights: right to health, right to housing, right to respect for private life 7

8. Individual and Collective Cultural Rights Cultural rights inherently collective: collective subject and collective object Prohibition of cultural genocide Harmful practices Balance societal, collective and individual interest  State obligations and limitations of rights 8

9. Limitations of Cultural Rights UNESCO instruments “No one may invoke cultural diversity / provisions of this instrument to infringe upon human rights guaranteed by international law, nor to limit their scope.” “Consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development” 9

10. CERD Gen Rec on racial discrimination against people of African descent (2011) (a) Right to property and to use, conservation and protection of lands traditionally occupied by them and to natural resources where their ways of life and culture are linked to their utilization of lands and resources; (b) Right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions; (c) Right to the protection of their traditional knowledge and their cultural and artistic heritage; (d) Right to prior consultation with respect to decisions which may affect their rights…

11. Recommendations Emphasize importance of cultural rights as human rights Embrace collective dimension of cultural rights Recognize possible limitations of cultural rights 11