Cultural rights

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Cultural rights are rights related to themes such as language; cultural and artistic production; participation in cultural life; cultural heritage; intellectual property rights; author's rights; minorities and access to culture, among others. The cultural rights movement has provoked attention to protect the rights of groups of people, or their culture, in similar fashion to the manner in which the human rights movement has brought attention to the needs of individuals throughout the world.

Contents

Protecting culture

Cultural rights are rights related to art and culture, both understood in a large sense. The objective of these rights is to guarantee that people and communities have an access to culture and can participate in the culture of their selection. Cultural rights are human rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non-discrimination.

Focusing less on the preservation of cultures as an end in itself and more on the realization of "ecological" relations between cultural groups as a condition for equitable interactions and the potential for organic cultural change, Meyjes proposes the interchangeable terms "cultural justice", [1] [2] "ethno-cultural justice" [3] and intercultural justice — which he defines as the principle of maximally accommodating the culturally-specific values and practices of minority groups and their members, in the form of rights, within the overall legal, regulatory, or policy limits of the institution, community, or society concerned (also see universalization).

Preservation of minority cultures

Cultural rights of groups focus on religious and ethnic minorities and indigenous societies that are in danger of disappearing. Cultural rights include a group's ability to preserve its way of life, such as child rearing, continuation of language, and security of its economic base in the nation, which it is located.

The cultural rights movement has been popularized because much traditional cultural knowledge has commercial value, like ethno-medicine, cosmetics, cultivated plants, foods, folklore, arts, crafts, songs, dances, costumes, and rituals. Studying ancient cultures may reveal evidence about the history of the human race and shed more light on our origin and successive cultural development. However, the study, sharing, and commercialization of such cultural aspects can be hard to achieve without infringing upon the cultural rights of those who are a part of that culture. The commercialized consumption of minority cultures can lead to issues pertaining to cultural appropriation, such as the infringement of cultural property rights and misrepresentation of cultural identity. [4]

Intangible cultural heritage

The preservation of minority cultures includes the protection of intangible cultural heritage, which are non-material aspects of culture such as practices, language, intellect, spirituality, and value systems. These non-material aspects are recognized as essential, distinctive, and authentic to the cultural group, and are consistently recreated and transmitted to future generations. [5]

Intellectual property rights

The related notion of indigenous intellectual property rights (IPR) has arisen in attempt to conserve each society's culture base and prevent ethnocide. Indigenous groups have argued for their right to control the access and usage of their cultural knowledge and information. To address these concerns, proposals have been suggested: using labels and trademarks on products to indicate their indigenous origins, pursuing moral rights to sacred works in order to attribute credit to indigenous creators and artists, and protecting indigenous knowledge through confidentiality laws. [6]

International Covenant on Civil and Political Rights

In 1966, the General Assembly of the United Nations (UNGA) adopted the International Covenant on Civil and Political Rights (ICCPR). Article 27 of the ICCPR recognizes the cultural rights of minorities to practice their culture, religion, and language.

Legal cases have invoked Article 27 as the basis to their right to practice traditional activities and livelihood in regard to the use of indigenous land and resources. [7] Kitok v. Sweden (1988) involved Ivan Kitok, an indigenous Sami man, who claimed that the Swedish law restricted his right to breed reindeer by removing his status as a Sami minority in the Reindeer Husbandry Act of 1971. [8] Lubicon Lake Band v. Canada (1990) involved a Cree Indian band and their Chief Bernard Ominayak who sued the Alberta government for permitting oil companies to destroy their hunting and trapping lands for oil and gas. [9]

Recommendation on the Safeguarding of Traditional Culture and Folklore

In 1989, the General Conference of the United Nations adopted the Recommendation on the Safeguarding of Traditional Culture and Folklore. The document was the first attempt of an international legal agreement to protect intangible cultural heritage by recognizing folklore as necessary to cultural identity. The General Conference determined that oral folklore could be at risk of being lost due to conflicts or dangers, and established recommendations to identify, conserve, preserve, disseminate, and protect folk traditions. [5]

Agenda 21 for culture

Cultural rights should also be taken into consideration by local policies. The Agenda 21 for culture is the first document with worldwide mission that advocates establishing the groundwork of an undertaking by cities and local governments for cultural development. Developed in 2002, the document included cultural rights as one of the principles: “Local governments recognize that cultural rights are an integral part of human rights, taking as their reference the Universal Declaration of Human Rights (1948)”. [10]

United Nations Declaration on the Rights of Indigenous Peoples

In 2007, UNGA passed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which explicitly recognizes the cultural rights of indigenous people. The recognition of cultural rights also extends to the recognition of the rights to live on, use, and develop their lands and resources. [7]

Defining culture

Cultural rights scholars have criticized neglect towards legal reform and development of cultural rights. [11] The concept of cultural rights has been continuously redefined since the creation of the Universal Declaration of Human Rights (UDHR). Article 27 of the UDHR focuses on the right to participate in cultural life, arts, and scientific advancements. [12] The enforcement of protecting cultural rights is challenged by the lack of a concrete definition for culture, making it difficult for international bodies such as the Human Rights Committee to impose legal obligations on member states. [13] Culture is a collective experience of social forces, including social activities, beliefs, and issues. It has a dynamic nature that is constantly changing according to the social, political, and economic circumstances in the present. [11] Through this anthropological interpretation, culture is highly dependent on time and location, and as a result, international bodies have struggled to pinpoint its complexity in the legal language of rights. [14]

Indigenous IPR

Indigenous efforts to pursue intellectual property rights have been challenged by the issue of protecting both tangible and intangible cultural heritage. Protecting intangible cultural heritage also involves other aspects beyond financial and legal issues — pursuing intellectual property rights may not be enough to cover ethical, spiritual, and moral issues that arise. Policymakers are concerned with what to define indigenous knowledge as; similar to defining the concept of culture, it is difficult to concretely define and identify indigenous knowledge without reinforcing cultural stereotypes and prejudices. [6]

See also

Related Research Articles

<span class="mw-page-title-main">Universal Declaration of Human Rights</span> Declaration adopted in 1948 by the UN General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

<span class="mw-page-title-main">Indigenous peoples</span> Peoples who identify as Indigenous and have a special attachment to their traditional territory

There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model.

<span class="mw-page-title-main">Cultural diversity</span> Quality of diverse or different cultures

Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture. It has a variety of meanings in different contexts, sometimes applying to cultural products like art works in museums or entertainment available online, and sometimes applying to the variety of human cultures or traditions in a specific region, or in the world as a whole. It can also refer to the inclusion of different cultural perspectives in an organization or society.

The Universal Declaration of Linguistic Rights is a document signed by the International PEN Club, and several non-governmental organizations in 1996 to support linguistic rights, especially those of endangered languages. The document was adopted at the conclusion of the World Conference on Linguistic Rights held 6–9 June 1996 in Barcelona, Spain. It was also presented to the UNESCO Director General in 1996 but the Declaration has not gained formal approval from UNESCO.

The Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity was made by the Director-General of UNESCO starting in 2001 to raise awareness of intangible cultural heritage and encourage local communities to protect them and the local people who sustain these forms of cultural expressions. Several manifestations of intangible heritage around the world were awarded the title of Masterpieces to recognize the value of the non-material component of culture, as well as entail the commitment of states to promote and safeguard the Masterpieces. Further proclamations occurred biennially. In 2008, the 90 previously proclaimed Masterpieces were incorporated into the new Representative List of the Intangible Cultural Heritage of Humanity as its first entries.

<span class="mw-page-title-main">Cultural heritage</span> Physical artifact or intangible attribute of a society inherited from past generations

Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refers to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Intangible heritage consists of nonphysical intellectual wealth, such as folklore, customs, beliefs, traditions, knowledge, and language. Intangible cultural heritage is considered by member states of UNESCO in relation to the tangible World Heritage focusing on intangible aspects of culture. In 2001, UNESCO made a survey among states and NGOs to try to agree on a definition, and the Convention for the Safeguarding of the Intangible Cultural Heritage was drafted in 2003 for its protection and promotion.

Universalization is an incipient concept describing the next phase of human development, marking the transition from trans-national to interplanetary relations and much more aggressive exploitation of opportunities that lie beyond the confines of Earth. As both a process and an end state, universalization implies an increasingly pervasive, abiding and singular human focus not only on global issues per se but on social, technological, economic and cultural challenges and opportunities extending into our solar system, our galaxy, and well beyond, where cooperation supersedes conflict negotiation. Its origins are associated with the incipient expansion of social, economic, and political relationships that have emerged in the wake of globalization and that increasingly define the planet, its place within the broader universe and the sustainability of humanity and our diversity.

<span class="mw-page-title-main">Outline of intellectual property</span> Overview of and topical guide to intellectual property

The following outline is provided as an overview of and topical guide to intellectual property:

<span class="mw-page-title-main">Declaration on the Rights of Indigenous Peoples</span> Declaration adopted in 2007 by the United Nations General Assembly

The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".

<span class="mw-page-title-main">Indigenous intellectual property</span> Collective legal protections for cultural heritage

Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.

The Intellectual Property Issues in Cultural Heritage (IPinCH) Project is a seven-year international research initiative based at Simon Fraser University, in British Columbia, Canada. IPinCH's work explores the rights, values, and responsibilities of material culture, cultural knowledge, and the practice of heritage research. The project is directed by Dr. George P. Nicholas, co-developed with Julie Hollowell and Kelly Bannister and is funded by the Social Sciences and Humanities Research Council of Canada's (SSHRC) major collaborative research initiatives (MCRI) program.

The right to science and culture is one of the economic, social and cultural rights claimed in the Universal Declaration of Human Rights and related documents of international human rights law. It recognizes that everyone has a right to freely participate in culture, to freely share in science and technology, and to protection of authorship.

<span class="mw-page-title-main">UNESCO Universal Declaration on Cultural Diversity</span> Declaration adopted by UNESCO in 2001

The Universal Declaration on Cultural Diversity is a declaration adopted unanimously by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its thirty-first session on 2 November 2001. It calls on nations and institutions to work together for the preservation of culture in all its forms, and for policies that help to share ideas across cultures and inspire new forms of creativity. It interprets "culture" in a broad sense and connects the preservation of culture to central issues of human rights. It defines a role for UNESCO as a space in which different institutions can develop ideas on cultural diversity, which has been a theme of many of UNESCO's activities in the years since. The primary audience of the declaration includes UNESCO's member states as well as international and non-governmental bodies, but other organisations and individuals have also been inspired by it.

<span class="mw-page-title-main">Convention for the Safeguarding of the Intangible Cultural Heritage</span> UNESCO treaty

The Convention for the Safeguarding of the Intangible Cultural Heritage is a UNESCO treaty adopted by the UNESCO General Conference on 17 October 2003.

<span class="mw-page-title-main">Recognition of Native American sacred sites in the United States</span>

The Recognition of Native American sacred sites in the United States could be described as "specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion". The sacred places are believed to "have their own 'spiritual properties and significance'". Ultimately, Indigenous peoples who practice their religion at a particular site, they hold a special and sacred attachment to that land sacred land.

Digital repatriation is the return of items of cultural heritage in a digital format to the communities from which they originated. The term originated from within anthropology, and typically referred to the creation of digital photographs of ethnographic material, which would then be made available to members of the originating culture. However, the term has also been applied to museum, library, and archives collections, and can refer not only to digital photographs of items, but also digital collections and virtual exhibits including 3D scans and audio recordings. Intangible cultural heritage, which includes traditional skills and knowledge, can also be digitally repatriated to communities.

Cultural expressions are creative manifestations of the cultural identities of their authors. They are treated in the international legal system in terms of cultural rights, intellectual property law and international trade.

The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore is in charge of negotiating one or several international legal instruments (treaty) to protect traditional knowledge, traditional cultural expressions, and genetic resources in relation with intellectual property, thus bridging existing gaps in international law. The IGC is convened in Geneva by the World Intellectual Property Organization (WIPO), and has been meeting regularly since 2001.

References

  1. Meyjes 1999 , p. 9
  2. Meyjes 2012 , p. 407
  3. Meyjes 2012 , pp. 12, 381ff.
  4. Cruz, Angela Gracia; Seo, Yuri; Scaraboto, Daiane (2023-04-03). "Between Cultural Appreciation and Cultural Appropriation: Self-Authorizing the Consumption of Cultural Difference". Journal of Consumer Research. 50 (5): 962–984. doi:10.1093/jcr/ucad022.
  5. 1 2 Lenzerini, Federico (2011-02-01). "Intangible Cultural Heritage: The Living Culture of Peoples". European Journal of International Law. 22 (1): 101–120. doi:10.1093/ejil/chr006.
  6. 1 2 Anderson, Jane (2010). Indigenous/Traditional Knowledge & Intellectual Property (PDF). Durham, North Carolina: Center for the Study of the Public Domain at Duke University School of Law.
  7. 1 2 Wiessner, Siegfried (2011-02-01). "The Cultural Rights of Indigenous Peoples:Achievements and Continuing Challenges". European Journal of International Law. 22 (1): 121–140. doi:10.1093/ejil/chr007. ISSN   0938-5428.
  8. "Ivan Kitok v. Sweden, Communication No. 197/1985, CCPR/C/33/D/197/1985 (1988)". hrlibrary.umn.edu. Retrieved 2024-11-15.
  9. "Lubicon Lake Band v. Canada, Communication No. 167/1984 (26 March 1990), U.N. Doc. Supp. No. 40 (A/45/40) at 1 (1990)". hrlibrary.umn.edu. Retrieved 2024-11-15.
  10. Agenda 21 for culture
  11. 1 2 Tamale, Sylvia (2008-04-01). "The right to culture and the culture of rights: a critical perspective on women's sexual rights in Africa". Feminist Legal Studies. 16 (1): 47–69. doi:10.1007/s10691-007-9078-6. ISSN   1572-8455.
  12. "Universal Declaration of Human Rights". United Nations. Retrieved 4 November 2024.
  13. Stamatopoulou, Elsa (2007). Cultural rights in international law: Article 27 of the Universal Declaration of Human Rights and beyond. The Universal Declaration of Human Rights. Leiden ; Boston: Martinus Nijhoff. p. 107. ISBN   978-90-04-15752-1. OCLC   122338216.
  14. Stamatopoulou, Elsa (2007). Cultural rights in international law: Article 27 of the Universal Declaration of Human Rights and beyond. The Universal Declaration of Human Rights. Leiden ; Boston: Martinus Nijhoff. pp. 4–5. ISBN   978-90-04-15752-1. OCLC   122338216.

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