Abstract
The 1948 Universal Declaration of Human Rights recognized that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits”. As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international (including regional) legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human rights protection by establishing the Council of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture (access to cultural heritage) has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe’s mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field.
Highlights
Access to culture is one of the human rights recognized through the interpretation of international and European documents including the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the
On 6 October 2016, the Human Rights Council of the United Nations (UN) unanimously adopted a resolution calling upon all States to respect, promote and protect the right of everyone to take part in cultural life, including the ability to access and enjoy cultural heritage [25]
Authors of the paper believe that this brief study can be an interesting trend of transferring the widely understood culture broadcasters to the Internet sphere
Summary
Access to culture (understood as access to cultural heritage) is one of the human rights recognized through the interpretation of international and European documents including the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the. On 6 October 2016, the Human Rights Council of the United Nations (UN) unanimously adopted a resolution calling upon all States to respect, promote and protect the right of everyone to take part in cultural life, including the ability to access and enjoy cultural heritage [25]. The European Court of Human Rights’ caselaw includes examples of the protection of certain rights which are the right to culture and are reconstituted from other rights, in particular freedom of speech This perfectly shows that cultural heritage is world widely recognized as one of the fundamental human rights Such attitude is reflected in the European approach to the cultural rights protection.
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