Cultural Human Rights

by Francioni, Francesco; Scheinin, Martin

• ISBN13: 9789004162945
• ISBN10: 9004162941
• Format: Hardcover
• Copyright: 2008-08-15
• Publisher: Martinus Nijhoff

Summary

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 community s beliefs and traditions, be compatible with the concept of human rights, which are universal and inherent 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.

Table of Contents

Preface	p. v
Culture, Heritage and Human Rights: An Introduction	p. 1
The Cross-Cultural Legitimacy of Universal Human Rights: Plural Justification across Normative Divides	p. 17
Self-Determination and Cultural Rights	p. 41
Cultural Rights: A Necessary Corrective to the Nation State	p. 79
Protecting Peoples' Cultural Rights: A Question of Properly Understanding the Notion of States and Nations?	p. 91
Indigenous Peoples' Cultural Rights and the Controversy over Commercial Use of Their Traditional Knowledge	p. 119
The Right of a People to Enjoy Its Culture: Towards a Nordic Saami Rights Convention	p. 151
Cultural Identity and Legal Status: Or, the Return of the Right to Have (Particular) Rights	p. 169
Minorities' Right to Maintain and Develop Their Cultures: Legal Implications of Social Science Research	p. 193
The Role of the State in Balancing Religious Freedom with Other Human Rights in a Multicultural European Context	p. 207
Accessing Culture at the EU Level: An Indirect Contribution to Cultural Rights Protection?	p. 223
Language Rights as Cultural Rights: A European Perspective	p. 247
The Place of Cultural Rights in the WTO System	p. 285
A Right to Cultural Identity in UNESCO	p. 317
Political Change and the 'Creative Destruction' of Public Space	p. 341
Notes on Contributors	p. 353
Subject Index	p. 359
Index of Case Law	p. 366
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