This article is written on the subject of cultural rights as human rights. It discusses the various subjects found as content areas for cultural rights. The primary source of information for the support of this article is secondary sources (written literature). The article discusses so many relevant aspects of cultural rights as enshrined in the Universal Declaration of Human Rights (UDHR).
During the thirty-seventh session of the general assembly meeting, the United Nations gave a new recognition to the promotion of cultural rights and heritages. The assembly calls upon all states to respect, protect and promote the rights of every individual to partake in cultural life. It also urges all parties to armed conflict to respect and refrain from attacking cultural properties. Furthermore, the General Assembly encouraged all states to become part of the relevant treaties aimed at protecting cultural heritage. The above and many other issues were specified by the UN General Assembly on the promotion and protection of cultural heritage.
Introduction
During the thirty-seventh session of the general assembly meeting, the United Nations gave a new recognition to the promotion of cultural rights and heritages. The assembly calls upon all states to respect, protect and promote the rights of every individual to partake in cultural life. It also urges all parties to armed conflict to respect and refrain from attacking cultural properties. Furthermore, the General Assembly encouraged all states to become part of the relevant treaties aimed at protecting cultural heritage. The above and many other issues were specified by the UN General Assembly on the promotion and protection of cultural heritage. (United Nations General Assembly, 2018).
According to Article 22 of the Universal Declaration of Human Rights (UDHR), "everyone, as a member of society, has the right ... to realisation, through national effort and international co-operation and in accordance with the organisation and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality." (Yupsanis, A., 2010).
According to Shaheed, F. (n.d.) culture is not static, and it keeps changing with time. Culture is not like a physical object that remains in its unique shape forever. As life goes on, culture keeps changing to match the everyday actions, and exchanges in the social, political, and economic aspects of life. Thus, culture is expected to be constantly evolving in the reaffirmation of a sense of self, and the values and operations considered to be essential from the understanding of certain communities of what life and nature mean, and what it means to be human beings.
The concept of cultural rights
According to the UNESCO Universal Declaration on Cultural Diversity, 2001, culture may be defined as, “the set of distinctive spiritual, material, intellectual and emotional features of society or a social group, and that it encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions, and beliefs.”
Cultural Rights are great constituents of the corpus of human rights and it is not limited just to the artistic, literacy, or traditional aspect of human rights but also the political, social, economic, technological, etc. Thus, cultural rights are very broad and involve the universality and interconnectedness of human rights. (Özden, M. & Brunschwig, S., 2010).
It is therefore important to know that cultural identity is the total sum of all cultural references which define an individual person or a group of people. This involves how such a person or group wishes to be recognized or identified in their dignity with respect. (Fribourg Declaration).
Some important contents of culture
Culture in its varying contents involves so many other aspects of human rights. Therefore, cultural rights would by means of their diverse nature include very important aspects of life. Discussed below will be an excerpt from the varying contents of cultural rights. Thus, cultural rights include:
The Right to Participate in Cultural Life
As thought of by the Committee on Economic, Social and Cultural Rights, the right to participate in cultural life has three main focus areas which are intertwined and related. These three areas, as will be discussed below, serve as major constituents to the right to take part in the activities of a chosen cultural life. These include:
Participation: This refers to the right of an individual or group to fully participate, and act freely in choosing their identities.
Access: This element implies the rights of individuals or groups/communities to fully know and understand their cultures.
Contribution: This refers to the right of everyone to be involved in creating the spiritual, material, intellectual and emotional expressions of the community. (Özden, M. & Brunschwig, S., 2010).
The Right to Benefit from Scientific Progress and Its Applications
Cultural rights also involve the rights of individuals or groups to benefit from scientific progress and its application in society. Basically, the right to science can be considered a cultural right based on how it is linked to in international instruments. This right refers to the right to search for knowledge and understanding of the world and human creativity in the perspective of the continuously changing environment. (Özden, M. & Brunschwig, S., 2010).
The Right of Everyone to Benefit from the Protection of the Moral and Material Interests Stemming from All Scientific and Artistic Productions She/He Has Created
Additionally, the right to intellectual property is another important right that is considered a cultural right. This is primarily referred to as the dignity and worth of all individuals. The main aim of this right is to ensure an intrinsic character of persons to ensure that there is a durability between persons and their craetions. (Özden, M. & Brunschwig, S., 2010).
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- Dawda Ceesay (Author), 2023, Cultural Rights as a Subject with Variable Contents in the Universal Declaration of Human Rights, Munich, GRIN Verlag, https://www.grin.com/document/1355641
