Foundations of Collective Cultural Rights in International Human Rights Law

Abstract

Although collective cultural rights are included in international human rights law, their place and their nature and significance are not well-explored or understood. This chapter aims to classify collective cultural rights in international human rights instruments and to explore how these rights fit in the general framework of international human rights law. In much of the debate on collective rights, cultural rights are used as examples, because cultural rights are rights that clearly demand a collective approach. This chapter provides various examples of legal provisions in international human rights instruments that can be classified as collective cultural rights to show the different forms these rights may take. Collective cultural rights in international human rights law are challenged by different contentious (legal) issues. For instance, there is a lack of clarity concerning the object and the subject of collective rights and the possible tension between collective rights and individual rights. The inclusion of collective cultural rights in international human rights law reaffirms the importance of collective (cultural) interests and collective subjects, but does not provide clear answers to all these issues. The two central components of collective cultural rights, namely ‘community’ and ‘culture’, remain difficult to define. Moreover, they are not static notions, which makes their translation into substantive rights to be invoked and enjoyed by individuals and communities a complex matter.