국제인권법상 문화생활 참여권에 대한 고찰

Abstract

This study delves into the right to participate in cultural life as defined by international human rights law and explores its implications. While this right has often been overlooked in the realm of international human rights law, it cannot be ignored from a legal standpoint for states that are signatories to the International Covenants. As societies progress, the significance of cultural life gains more prominence, and the right of socioeconomically disadvantaged individuals to partake in cultural life may become a pressing concern. Furthermore, in the international community, discussions on the right to participate in cultural life frequently revolve around the rights of minorities and indigenous peoples, and South Korea is no exception to this discourse. Lastly, the complex relationship between human rights and culture must be addressed, especially the need to address traditional cultures that have discriminated against individuals with specific identities, such as women. Hence, it is imperative to scrutinize the right to participate in cultural life within the framework of international human rights law. Nonetheless, when delving into the origins of the right to participate in cultural life, understanding its meaning and characteristics can be challenging. The definition of the “right to participate in cultural life” outlined in Article 27(1) of the Universal Declaration of Human Rights (UDHR) and Article 15(1)(a) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) may not be entirely clear from these treaties. However, by examining other agreements, we can infer that this right encompasses the realms of humanities, arts, popular culture, and modern society. In recent years, the concept of culture has evolved to consider the rights of minorities and indigenous peoples, necessitating a reinterpretation. It's worth noting that the drafters of the UDHR and ICESCR did not originally consider the rights of minorities and indigenous peoples. Nevertheless, the General Comment on Article 15(1)(a) of the ICESCR indicates a departure from the concept of culture as envisioned in Article 27 of UDHR. This commentary highlights the incorporation of two distinct concepts of culture into the right to participate in cultural life: the narrow concept of culture in modern society and the anthropological concept of culture, both of which are analyzed accordingly.