Cultural Rights.

General Overview
Prof. Dr. Delia Mucica
November 2008
REGIONAL MASTER STUDIES IN CULTURAL POLICY AND MANAGEMENT (INTERCULTURALISM AND MEDIATION IN THE BALKANS) UNIVERSITY OF ARTS BELGRADE

Human Rights in International Instruments

Universal Declaration of Human Rights, 1948 International Covenant on Economic, Social and Cultural Rights, 1976 International Covenant on Civil and Political Rights, 1976 European Convention on Human Rights, 1953 EU Charter of Fundamental Rights, 2000 And many more.

What are human rights?

Human rights refers to the basic rights and freedoms to which all humans are entitled The UN Universal Declaration of Human Rights states, "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood." The idea of human rights is considered to descend from the philosophical idea of natural rights which are considered to exist even when abused or not recognized by governments or society. Respect of human rights may necessitate different obligations and actions from States and Governments: Negative obligations obligation not to interfere Positive obligations - obligation to protect and provide

Inventory of main human rights (European Convention on Human Rights)

Right to life Prohibition of inhuman or degrading treatment Prohibition of slavery or forced labour Right to liberty and security Right to fair trial No punishment without trial Respect for private life right to freedom of thought, conscience and religion right to freedom of assembly and association right to marry right to an effective remedy prohibition of discrimination right to property, education and free elections (Protocol 1) freedom of movement (protocol 4)

Three generations of Human Rights (Karel Vasak, 1979) Libert, Egalit, Fraternit

First-generation human rights address essentially liberty and participation in political life, being fundamentally civil and political in nature, and protect the individual from excesses of the state. These rights include, inter alia,: freedom of speech, the right to a fair trial, freedom of religion and voting rights (1948 Universal Declaration of Human Rights). Second-generation human rights are related to equality and are fundamentally social, economic, and cultural in nature (e.g. right to employment, right to housing, to health care, to social security, to culture...) Third-generation human rights are still under debate, and contains a rather broad spectrum of rights, including: right to self-determination, right to economic and social development, right to a healthy environment, right to enjoy natural resources, right to intergenerational equity and sustainability, right to access cultural heritage etc.)

Cultural rights in the Universal Declaration of Human Rights

Art. 27.1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Art. 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

International Covenant on Economic, Social and Cultural Rights (Art. 15)

1. The State Parties recognize the right of everyone: a) To take part in cultural life; b) To enjoy the benefits of scientific progress and its applications; c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 2. The steps to be taken by the State Parties . to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3. The State Parties undertake to represent the freedom indispensable for scientific research and creative activity. 4. The State Parties recognize the benefits to be derived from the encouragement and development of international contacts and cooperation in the scientific and cultural fields.

European Convention on Human Rights and Fundamental Freedoms Article 10.

1.Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2.The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Cultural rights in the EU Charter of Fundamental Rights

Article 11. Freedom of expression and information 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected. Article 13. Freedom of the arts and sciences The arts and scientific research shall be free of constraint. Academic freedom shall be respected. Article 22. Cultural, religious and linguistic diversity The Union shall respect cultural, religious and linguistic diversity.

Cultural Rights A Tentative Inventory

the right of access to culture the right to participate in cultural life the right to respect for cultural identity the right to identify with a cultural community the right to access to cultural heritage the right to protection of research the right to protection of creative activities the right to protection of intellectual property the right to education, including artistic education and education for the arts the right to freely pursue cultural activities, including the right to mobility of creators and artists and of their works

Obligations of States Parties

Negative action: the obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights Positive action: The obligation to protect requires States to prevent violations of these rights by third parties. The obligation to provide requires States to fulfil economic, social and cultural rights by: facilitation or direct provision.

Cultural Rights Indivisibility and Interdependence

"All human rights are universal, indivisible and
interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. (Art. 5 of the 1993 Vienna Declaration and Programme of Action) Cultural rights are often an intrinsic part of other human rights. All civil and political rights are interdependent and essential to the ability of individuals and communities to learn about, live in, express and perpetuate their cultures. (e.g. the freedom of conscience and opinion guarantees and is inter-related to the freedom to think within the particular framework or from the particular perspective of ones culture; the right to political participation, the freedom of expression and of association are inter-related to the right of expressing ones culture within the public sphere).

Cultural Rights Individual Rights and Collective Rights

"All peoples have the right of self-determination. By virtue of that right they ... freely pursue their economic, social and cultural development. (Art. 1 of the International Covenant on Economic, Social and Cultural Rights) allows peoples and communities to preserve their cultural identity supplements and enhance the individual's cultural rights their realization requires international technical cooperation, assistance and solidarity

Principles developed

Everyone is entitled to satisfy his or her cultural rights. The satisfaction of cultural rights is indispensable to the dignity and development of human beings. Everyone is entitled to participate in the cultural life of the community. Every people has the right and the duty to develop its culture. Everyone has the right to participate in and/or benefit from scientific progress. Every State should recognise and protect cultural and linguistic diversity.

Enjoying Cultural Rights A Change in Mentality

Full enjoyment of cultural rights cannot be dissociated from the enjoyment of human rights. States should meet their obligations as described above Individuals and communities should have a pro-active attitude in these issues. Therefore: advocacy, education and training programmes need to be developed awareness of the importance of cultural rights within the economic and social rights group of rights should be increased

UNESCO Universal Declaration on Cultural Diversity

Article 4 Human rights as guarantees of cultural diversity The defence of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, in particular the rights of persons belonging to minorities and those of indigenous peoples. No one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.

UNESCO Universal Declaration on Cultural Diversity

Article 5 Cultural rights as an enabling environment for cultural diversity Cultural rights are an integral part of human rights, which are universal, indivisible and interdependent. The flourishing of creative diversity requires the full implementation of cultural rights as defined in Article 27 of the Universal Declaration of Human Rights and in Articles 13 and 15 of the International Covenant on Economic, Social and cultural Rights. All persons should therefore be able to express themselves and to create and disseminate their work in the language of their choice, and particularly in their mother tongue; all persons should be entitled to quality education and training that fully respect their cultural identity; and all persons should be able to participate in the cultural life of their choice and conduct their own cultural practices, subject to respect for human rights and fundamental freedoms.

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Article 2 Guiding principles 1. Principle of respect for human rights and fundamental freedoms 2. Principle of sovereignty 3. Principle of equal dignity of and respect for all cultures 4. Principle of international solidarity and cooperation 5. Principle of the complementarity of economic and cultural aspects of development 6. Principle of sustainable development 7. Principle of openness and balance 8. Principle of equitable access

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (contd)
The principle of equitable access is twofold: access to a rich and diversified range of cultural expressions, and access for all cultures to appropriate means of expression and dissemination. Thus, the Convention recognizes the connecting link between cultural diversity and the full realization of human rights and fundamental freedoms.

In Conclusion..

cultural rights encompass not only creativity expressed through the arts, but the more fundamental acknowledgement of cultural diversity and its connection to development. Cultural rights do not impose a unique or unifying cultural standard, but rather a legal standard of minimum protection necessary for human dignity that reflects the coordinated efforts of the international community. Cultural rights address the issue of cultural diversity at the fundamental level of human rights.