scholarly journals Dignifying, Restoring, and Reimagining International Law and Justice Through Connections with Arts and Culture

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 108-110
Author(s):  
Karima Bennoune

This symposium provides a critical opportunity for international legal scholars to engage with the value and power of certain aspects of culture. The successive holders of the UN mandate on cultural rights have declined to define culture, instead taking a holistic, inclusive approach to its meanings, including inter alia diverse forms of artistic and cultural expressions, languages, worldviews, practices, and cultural heritage. Cultural rights—including the right to take part in cultural life without discrimination, the right to access and enjoy cultural heritage, and freedom of artistic expression—are a core part of the universal human rights framework. They are vital in and of themselves and protect key aspects of the human experience, but they have also been increasingly recognized as important elements of accessing justice and responding to atrocities and as “fundamental to creating and maintaining peaceful and just societies and to promoting enjoyment of other universal human rights.” The artistic and cultural expressions which result from the exercise of these rights likewise have inherent value and can also play significant roles in achieving basic goals of international law and human rights. As I noted in a report to the UN Human Rights Council in my capacity as UN Special Rapporteur in the field of cultural rights:Humanity dignifies, restores and reimagines itself through creating, performing, preserving and revising its cultural and artistic life . . . . Cultural heritage, cultural practices and the arts are resources for marshalling attention to urgent concerns, addressing conflicts, reconciling former enemies, resisting oppression, memorializing the past, and imagining and giving substance to a more rights-friendly future.

2020 ◽  
Vol 54 (4) ◽  
pp. 1210-1259
Author(s):  
Branko Rakić

In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.


2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>


2018 ◽  
Vol 25 (3) ◽  
pp. 245-281 ◽  
Author(s):  
Ana Filipa Vrdoljak

Abstract:Indigenous peoples’ emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples’ right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments.


2019 ◽  
Vol 23 ◽  
Author(s):  
Siyambonga Heleba

ABSTRACT Despite expressly providing for a number of rights, the International Covenant on Economic, Social and Cultural Rights (ICESCR) sadly omits the right to basic sanitation. This is a matter of concern as figures released by United Nations agencies and other international organisations paint a bleak picture of the levels of provision (or lack thereof) of basic sanitation around the world. They demonstrate huge and growing disparities in relation to the provision of basic sanitation facilities between urban and rural populations. International law has certainly not helped the situation by omitting this important right in key human rights instruments such as the ICESCR This is also manifested in the tendency by many governments to separate basic sanitation from the right to water. The article argues, however, that this fact alone should not hinder the legal enforcement of this right. Keywords: Basic sanitation, global picture, international law, human rights, legal enforcement


2021 ◽  
Vol 7 (1) ◽  
pp. 153
Author(s):  
Giulia Baj

One expression of cultural rights is the right to enjoy cultural heritage. However, the latter is not efficiently protected in situations of armed conflict. In many cases, armed non-State groups (ANSGs) have destroyed or looted cultural heritage items. The United Nations Security Council has intervened with Resolution 2347 (2017), welcomed by many as a milestone in the international protection of cultural heritage in conflict situations. However, this Resolution presents several limitations. The protection of cultural heritage from destruction and exploitation does not appear as the main focus, but rather as a means to fight terrorist groups. The attacks against cultural heritage are considered “war crimes”, but only “under certain circumstances”. The Resolution encourages States “that have not yet done so to consider ratifying” treaties on the issue in question; however, these instruments are treaties drafted and ratified by States. Problems of compliance by non-State actors, as ANSGs, arise. Hence, the capacity of theResolution to effectively protect cultural heritage in conflicts involving ANSGs is debated. This paper analyses the text of Resolution 2347 (2017), resorting to traditional means of interpretation to highlight its limitations, and considers how a general sense of the necessity to protect cultural heritage from attacks committed by ANSGs has emerged, as demonstrated by the International Criminal Court's Al Mahdi case. The paper then considers other ways to guarantee the protection of cultural heritage from ANSGs. A proposal for stronger protection of cultural heritage by States through both international humanitarian law (IHL) and international human rights law (IHRL) is presented. In particular, the connection between the protection of cultural heritage, the guarantee of cultural rights and other human rights is presented, resorting to instruments of doctrine and analyzing instruments of practice. Finally, the case for the stronger international cooperation for the protection of cultural heritage is made; problems of compliance by ANSGs may persist, but the systematic destruction of cultural heritage items can be considered a violation of cultural rights, thus requiring the cooperation of all international stakeholders.


2020 ◽  
Vol 27 (3) ◽  
pp. 291-322
Author(s):  
Fatimah Alshehaby

AbstractCultural heritage is a crucial component that plays a fundamental role in defining an individual’s identity and advancing the protection of his or her human rights. Reinforcing cultural distinctions and human differences are significant and therefore recognized in Islam. This article enhances the understanding of an Islamic approach to cultural heritage and human rights through the lens offered by three examples: the right to education, freedom of religion, and the right to development. The discussion of the protection of cultural heritage in Islam is essential because Islam is one of the legal sources in many Muslim states, and, therefore, the examination of its intersection with international law could enhance the protection of cultural heritage and promote human rights in the Islamic world. The article develops principles of cultural heritage protection that are in conformity with international law. These principles are the promising common ground for the possibility of universal cultural heritage policy. Despite the fact that there is no clear reference to the notion of cultural heritage in Islamic teaching, this article shows that principles of the protection of cultural heritage are established.


Author(s):  
Jérémie Gilbert

This chapter examines the connections between cultural practices, cultural rights, and natural resources, and focuses on three different approaches. The first examines the human rights discourse on cultural diversity and how international human rights law has developed a link between the rights of minorities’ and indigenous peoples’ cultural practices and natural resources. The second focuses on cultural heritage and explores how the legal framework of cultural heritage is relevant to protecting certain traditional cultural practices and knowledge connected to the use of natural resources. The third concerns the connection between spirituality, religion, and natural resources, and examines how the human rights protection of religious practices and spirituality could be linked to a spiritual connection to natural resources.


Author(s):  
Monique Fernandes Santos Matos

A omissão da jurisprudência da Corte Interamericana de Direitos Humanos em matéria de direitos econômicos, sociais e culturais the Inter-American Court of Human Rights’ CASE LAW omission WITH regard TO economic, social and cultural rights Monique Fernandes Santos Matos* RESUMO: A proteção aos direitos sociais, econômicos e culturais (DESC) no Sistema Interamericano de Direitos Humanos é marcada por uma grave ambiguidade no que diz respeito à diferença entre a ampla normatização desses direitos oferecida por este sistema regional e o baixo grau de judiciabilidade e reconhecimento de suas violações pela Corte Interamericana de Direitos humanos (Corte IDH). Poucos são os casos envolvendo violações a DESC jugados pela corte, e menos ainda os que obtiveram manifestação expressa quanto a tais violações. A análise das decisões proferidas nos casos julgados pela Corte IDH envolvendo DESC apontam para uma omissão recorrente em analisar a violação ao direito ao desenvolvimento progressivo dos direitos econômicos, sociais, e culturais, o que somente tem ocorrido quando grupos em situação de especial vulnerabilidade social estão envolvidos. Tal omissão, aliada à construção jurisprudencial da corte no sentido de que a violação a tal direito somente pode ser verificado quando parte relevante da população de um Estado está envolvida, enfraquece a defesa dos DESC, e contribui para a continuidade da visão dos DESC como meras metas políticas, com caráter programático. Não abordaremos, dado aos limites desse trabalho, as questões de ordem políticas e econômicas que são latentes ao problema da baixa efetividade dos DESC. A importância do estudo da jurisprudência da Corte IDH em matéria de DESC está em possibilitar uma análise crítica do que já se construiu, sugerindo uma correção de rumos, no sentido de garantir uma proteção efetiva e, consequentemente, uma maior expansão dos DESC no contexto regional americano. PALAVRAS-CHAVE: Direito Internacional dos Direitos do Homem. Direitos Econômicos, sociais e culturais. Desenvolvimento progressivo. Corte Interamericana de Direitos Humanos. Análise de casos.  ABSTRACT: The protection of economic, social and cultural rights (ECOSOC rights) in the Inter-American System of Human Rights is marked by a serious ambiguity with regard to the difference between the broad regulation of those rights provided by this regional system and the low degree of justiciability and recognition of their violations by the Inter-American Court of Human Rights. Few cases involving violations of ECOSOC rights have been judged by the court, and even fewer have obtained express opinion to such violations. The analysis of judgments delivered in the cases judged by the ICHR involving ECOSOC rights point to a recurring failure to analyze the violation of the right to the progressive development of the ECOSOC rights, which has only occurred when groups in vulnerable situations are involved. This omission, coupled with the judicial construction of the court that the violations of such right can only be checked when the relevant part of the population of a State is concerned, weakens the defense of the ECOSOC rights, and contributes to the continuity of the vision of them as mere policies, with programmatic character. We will not cover, given the limits of this work, issues of political and economic nature that are latent to the problem of low effectiveness of the ECOSOC rights. The relevance of the ICHR’s case law study regarding the ECOSOC rights lies on enabling a critical analysis of what has already been built, suggesting a course correction, in the sense to ensure an effective protection and, consequently, a greater expansion of the ECOSOC rights in the American regional context. KEYWORDS: International Law of Human Rights. Economic, social and cultural rights. Progressive development. Inter-American Court of Human Rights. Study of cases. * Doutoranda em Direito das Relações Internacionais pelo Centro Universitário de Brasília (UniCEUB). Mestre em Direito das Relações Internacionais pelo Centro Universitário de Brasília. Pesquisadora visitante no IREDIES - Institut de recherche en droit international et européen de la Sorbonne (Université Paris 1, 2014-2015).  Juíza do Trabalho Substituta  do Tribunal Regional do Trabalho da 5ª. Região.


2021 ◽  
Vol 15 (3) ◽  
pp. 91-93
Author(s):  
Şəhriyar Rəhman oğlu Cəfərzadə ◽  

As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right


2014 ◽  
Vol 14 (2) ◽  
pp. 25-40 ◽  
Author(s):  
Ondřej Vícha

Abstract The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.


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