Cultural Heritage and the Collective Dimension of Cultural Rights in the Jurisprudence of the European Court of Human Rights

2016 ◽  
pp. 155-179 ◽  
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Cultural Rights ◽  
European Court ◽  
Collective Dimension

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

The UN Security Council, the Human Rights Council, and the Protection of Cultural HeritageA Matter of Peace and Security, Human Rights, or Both?

2020 ◽  
pp. 202-222 ◽  
Author(s):  
Kristin Hausler
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Security Council ◽  
Cultural Rights ◽  
Human Rights Council ◽  
Un Security Council ◽  
Peace And Security ◽  
Heritage Protection ◽  
Human Rights Violation ◽  
Two Bodies

The UN Security Council and the UN Human Rights Council have increasingly addressed the destruction of cultural heritage in recent years, reflecting an expanded focus on cultural heritage protection across the UN system. This chapter examines the approaches of these two bodies to cultural heritage destruction and explores how their approaches have mutually reinforced each other but also reflected their different mandates: international peace and security and international human rights, respectively. This chapter starts with an analysis of some of the key Human Rights Council resolutions on the matter, as well as the work of its special procedures, in particular the Special Rapporteur in the Field of Cultural Rights. It then looks at the resolutions of the Security Council both to assess the manner in which the Security Council has introduced cultural heritage destruction to the peace and security agenda and also to identify whether the Security Council has additionally addressed such destruction as a human rights violation. The chapter concludes with discussion of whether a human rights approach to cultural heritage destruction should be adopted more widely.

Part II Substantive Aspects, Ch.19 Cultural Heritage and Women

2020 ◽  
Author(s):  
Powderly Joseph ◽  
Silva Rafael Braga da
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Lived Experiences ◽  
Gender Issues ◽  
Women's Agency ◽  
Policy Initiatives ◽  
Cultural Rights ◽  
Human Rights Norms ◽  
Experiences Of Women ◽  
Made In

The women’s rights movement has secured important reforms aimed at realizing the promise of genuine equality and the universality of fundamental human rights norms. Giving substantive voice to the cultural rights of women has been an important feature of the discourse and has led to significant advances in recognizing the intersectionality of the forms of oppression experienced by women, the centrality of women’s agency in exercising their cultural rights, and the dangers of essentialized conceptions of the lived experiences of women. The chapter explores the extent to which gender issues are reflected in international cultural heritage instruments as well as in the practices and policy initiatives of UNESCO. It suggests that the advances made in the realization of women’s cultural rights have not yet been fully translated in the context of international cultural heritage law and practice.

scholarly journals Multiculturalism, Identity Claims, and Human Rights: From Politics to Courts

2016 ◽  
Vol 10 (2) ◽  
pp. 367-404 ◽  
Author(s):  
Neus Torbisco-Casals
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Political Rhetoric ◽  
Freedom Of Association ◽  
Cultural Rights ◽  
Political Processes ◽  
European Court ◽  
And Gender ◽  
Ethnicity And Gender ◽  
Political Backlash

Abstract Across Europe, courts (both domestic and international) are increasingly playing a central role in dealing with identity-driven conflicts across deeply entrenched ethnocultural divides. At the outset, many of these controversies are seemingly religious or cultural disputes, involving the interpretation of individual rights such as freedom of conscience, freedom of association, and freedom of religion. Yet if we scratch beyond the surface, there is much more at stake in these disputes, or so this paper contends. Broader disagreements that confront majority and minority cultures regarding group rights and the shifting intersections between religion, ethnicity, and gender are played out in these judicial battles. The paper traces the so-called “crisis of multiculturalism” in the European political rhetoric and practice and highlights its impact on the de-juridification of cultural rights and on the tendency to seek accommodation through litigation (typically by minority litigants increasingly frustrated with the political backlash against their rights). It then inquires into the prospects of this strategy, pointing out the limitations courts face when adjudicating identity conflicts pertaining to minority groups traditionally disadvantaged in mainstream political processes. These concerns are illustrated through revisiting a number of controversies over Muslim veils that have been resolved by the European Court of Human Rights. The paper cautiously concludes that a shift toward more participatory political processes is more likely to mitigate the decline of progressive forms of multiculturalism and consolidate minority rights.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Cultural Rights of MigrantsLiving Together in Dignity?

2021 ◽  
pp. 175-195
Author(s):  
Bianca Gutan
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Global Migration ◽  
Cultural Rights ◽  
European Court ◽  
Living Together ◽  
Big Picture ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Constitutional Identity

The growing and multifarious challenges (political, legal, social, and economic) that global migration raises for contemporary states requires solutions related not only to constitutional identity, but also to a better protection of human rights. Although less visible in the ‘big picture’, cultural rights are an important category of human rights. An absent or a precarious protection of these rights might affect other rights. That is why a balance must be struck between society’s needs and the cultural rights of the individual. In this context, questions may be asked: could there be common points regarding the cultural rights of migrants and of minorities in Europe? Is ‘living together’ a concept that can ensure the full respect of the human dignity of migrants, especially as regards cultural rights? The chapter attempts to answer some of these questions, mainly through the prism of the case law of the European Court of Human Rights (ECtHR).

Cultural Rights and the Margin of Appreciation Doctrine: A Legal Tool for Balancing Individual Rights and Traditional Rules

2017 ◽  
Vol 13 (3) ◽  
pp. 446-468
Author(s):  
Fabio Macioce
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Individual Rights ◽  
Group Rights ◽  
Cultural Rights ◽  
European Court ◽  
Margin Of Appreciation ◽  
Subsidiarity Principle ◽  
Legal Mechanism

The aim of this article is to suggest a way forward for conflicts between individual rights and group rights, and between policies of equality and policies of difference. I propose a strategy to deal with problems of recognition, by establishing a legal mechanism in which powers and responsibilities are shared by the group and the state. This strategy does recognize the importance of the subsidiarity principle, and it is based on the European Court of Human Rights (ECtHR)’s margin of appreciation doctrine. This approach aims to combine respect for fundamental rights with the defense of a group’s identity, by allowing group representatives a wider margin of interpretation in constitutional rights enforcement. At the same time, I argue that this perspective may be a judicial mechanism to encourage groups to gradually develop their traditions, and to update them to constitutional standards.

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
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
Cultural Practices ◽  
Cultural Rights ◽  
Universal Human Rights ◽  
Cultural Expressions ◽  
Law And Justice ◽  
The Right ◽  
Key Aspects

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.

scholarly journals Beyond Resolution 2347 (2017): The Search for Protection of Cultural Heritage from Armed Non-State Groups

2021 ◽  
Vol 7 (1) ◽  
pp. 153
Author(s):  
Giulia Baj
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
United Nations Security Council ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Cultural Rights ◽  
Conflict Situations ◽  
Terrorist Groups ◽  
The Right ◽  
Protection Of Cultural Heritage

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.

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