Cultural rights

Abstract

Chapter 9 provides a critical perspective on the development of cultural, religious and linguistic rights and in particular the treatment of cultural, religious and linguistic minorities. Since violations of cultural rights give rise to tensions and conflicts - one of the principal causes of violence, wars and terrorism globally - they require special protection. A large number of international human rights instruments exist to protect cultural life including the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as regional and domestic law. However, while the concept of a universal right to culture and cultural expression may exist, this is often challenged by cultural relativism, clashes of rights, the vagueness often associated with international rights mechanisms relating to culture, its definition and difficulties in justiciability.