-
8/13/2019 Delia Mucica - Cultural Rights General Overview
1/20
Cultu ral Righ ts .
General Overv iew
REGIONAL MASTER STUDIES IN CULTURAL POL ICY AND
MANAGEMENT
(INTERCULTURALISM AND MEDIATION IN THE BALKANS)UNIVERSITY OF ARTS BELGRADE
Prof. Dr. Delia MucicaNovember 2008
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
2/20
Human Rights
in International Instruments Universal Declarat ion of Human Righ ts, 1948
Internat ional Covenant on Econom ic, Social and
Cultural Righ ts, 1976
Internat ional Covenant on Civi l and Po l i t ical Rights,
1976
European Convention on Human Righ ts, 1953
EU Charter of Fundamental Rights, 2000
And many more.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
3/20
What are human rights?
Human rightsrefers to the basic rights and freedoms towhich all humans are entitled
The UN Universal Declaration of Human Rights states, "Allhuman beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and shouldact towards one another in a spirit of brotherhood."
The idea of human rights is considered to descend from thephilosophical idea of natural rightswhich are considered toexist even when abused or not recognized by governments
or society. Respect of human rights may necessitate different
obligations and actions from States and Governments:
Negativeobligationsobligation not to interfere
Positiveobligations - obligation to protect and provide
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
4/20
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)
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
5/20
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 andpolitical in nature, and protect the individual from excesses ofthe 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, tosocial security, to culture...)
Third-generation human rights are still under debate, andcontains a rather broad spectrum of rights, including: right toself-determination, right to economic and social development,right to a healthy environment, right to enjoy naturalresources, right to intergenerational equity and sustainability,
right to access cultural heritage etc.)
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
6/20
Cultural rights in the Universal Declaration of
Human RightsArt. 27.1. Everyone has the right freely to part ic ipate inthe cu ltural l ifeof the community, to enjoy the arts andto sharein scientific advancement and its benefits.
2. Everyone has the right to the protect ion o f themoral and mater ial interestsresulting from anyscientific, literary or artistic production of which he is theauthor.
Art. 22. Everyone, as a member of society, has the right tosocial security and is entitled to realization, throughnational effort and international cooperation and inaccordance with the organization and resources of eachState, of the economic, social and cul tural r ights
indispensable for his dignity and the free development ofhis personality.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
7/20
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 itsapplications;
c) To benefit from the protection of the moral and materialinterests resulting from any scientific, literary or artisticproduction of which he is the author.
2. The steps to be taken by the State Parties . to achieve thefull realization of this right shall include those necessary for
the conservation, the development and the diffusion ofscience and culture.
3. The State Parties undertake to represent the freedomindispensable for scientific research and creative activity.
4. The State Parties recognize the benefits to be derived
from the encouragement and development of internationalcontacts and cooperation in the scientific and cultural fields.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
8/20
European Convention on Human Rights andFundamental FreedomsArticle 10.
1.Everyone has the right to freedom of expression. Thisright shall include freedom to hold opinions and to receiveand impart information and ideas without interference bypublic authority and regardless of frontiers. This article shallnot prevent States from requiring the licensing of
broadcasting, television or cinema enterprises.2.The exercise of these freedoms, since it carries with itduties and responsibilities, may be subject to suchformalities, conditions, restrictions or penalties as areprescribed by law and are necessary in a democratic
society, in the interests of national security, territorialintegrity or public safety, for the prevention of disorder orcrime, for the protection of health or morals, for theprotection of the reputation or rights of others, forpreventing the disclosure of information received inconfidence, or for maintaining the authority and impartialityof the judiciary.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
9/20
Cultural rights in the EU Charter of
Fundamental RightsArticle 11. Freedom of expression and information1. 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.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
10/20
Cultural RightsA 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 andeducation for the arts
the right to freely pursue cultural activities, including the
right to mobility of creators and artists and of their works
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
11/20
Obligations of States Parties
Negative action: the obligation to respectrequires States
to refrain from interfering with the enjoyment of economic,
social and cultural rights
Positiveaction:
The obligation to protectrequires States to prevent
violations of these rights by third parties.
The obligation to providerequires States to fulfil
economic, social and cultural rights by:
facilitation or
direct provision.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
12/20
Cultural Rights
Indivisibility and Interdependence
"All human rights are universal, indivisible andinterdependent and interrelated. The internat ionalcommuni ty m ust t reat human r ights globally in a fai rand equal manner, on the same foot ing , and w ith thesame emphasis. (Art. 5 of the 1993 Vienna Declaration
and Programme of Act ion)Cultural rights are often an intrinsic part of other humanrights. All civil and political rights are interdependent andessential to the ability of individuals and communities tolearn about, live in, express and perpetuate their cultures.
(e.g. the freedom of conscience and opinion guaranteesand is inter-related to the freedom to think within theparticular framework or from the particular perspective ofones culture; the right to political participation, the freedomof expression and of association are inter-related to theright of expressing ones culture within the public sphere).
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
13/20
Cultural Rights
Ind iv idual Righ ts and Col lect ive Righ ts
"All peoples have the right of self-determination. Byvirtue 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 theircultural identity
supplements and enhance the individual's cultural rights their realization requires international technical co-
operation, assistance and solidarity
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
14/20
Principles developed
Everyone is entitled to satisfy his or her cultural rights.
The satisfaction of cultural rights is indispensable to thedignity and development of human beings.
Everyone is entitled to participate in the cultural life ofthe community.
Every people has the right and the duty to develop itsculture. Everyone has the right to participate in and/orbenefit from scientific progress.
Every State should recognise and protect cultural andlinguistic diversity.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
15/20
Enjoying Cultural Rights
A Change in Mentality
Full enjoyment of cultural rights cannot be dissociatedfrom the enjoyment of human rights.
States should meet their obligations as described above
Individuals and communities should have a pro-activeattitude in these issues.
Therefore:
advocacy, education and training programmes need tobe developed
awareness of the importance of cultural rights within theeconomic and social rights group of rights should beincreased
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
16/20
UNESCO Universal Declaration on Cultural
Diversity
Ar t icle 4 Human r ights as guarantees of cul turald iversi tyThe defence of cultural diversity is an ethical imperative,
inseparable from respect for human dignity. It implies acommitment to human rights and fundamental freedoms,in particular the rights of persons belonging to minoritiesand those of indigenous peoples. No one may invokecultural diversity to infringe upon human rights
guaranteed by international law, nor to limit their scope.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
17/20
UNESCO Universal Declaration on Cultural Diversity
Art icle 5 Cul tural r ights as an enabl ing environment for
cul tural diversi tyCultural rights are an integral part of human rights, which areuniversal, indivisible and interdependent. The flourishing ofcreative diversity requires the full implementation of culturalrights as defined in Article 27 of the Universal Declaration of
Human Rights and in Articles 13 and 15 of the InternationalCovenant on Economic, Social and cultural Rights.
All persons should therefore be able to express themselvesand to create and disseminate their work in the language oftheir choice, and particularly in their mother tongue; all persons
should be entitled to quality education and training that fullyrespect their cultural identity; and all persons should be able toparticipate in the cultural life of their choice and conduct theirown cultural practices, subject to respect for human rights andfundamental freedoms.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
18/20
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 fundamentalfreedoms
2. Principle of sovereignty3. 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 culturalaspects of development
6. Principle of sustainable development
7. Principle of openness and balance
8. Principle of equitable access
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
19/20
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 humanrights and fundamental freedoms.
-
8/13/2019 Delia Mucica - Cultural Rights General Overview
20/20
In Conclus ion..
cultural rights encompass not only creativity expressedthrough the arts, but the more fundamentalacknowledgement of cultural diversity and its
connection to development. Cultural rights do not impose a unique or unifying
cultural standard, but rather a legal standard ofminimum protection necessary for human dignity thatreflects the coordinated efforts of the international
community. Cultural rights address the issue of cultural diversity at
the fundamental level of human rights.