Delia Mucica - Cultural Rights General Overview

8/13/2019 Delia Mucica - Cultural Rights General Overview

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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


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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.


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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


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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)


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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.)


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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.


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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.


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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.


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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.


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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


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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.


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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).


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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


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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.


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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


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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.


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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.


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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


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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.


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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.

Documents

Delia Mucica - Cultural Rights General Overview