Normative content of the right to take part in cultural life: international legal aspect

Abstract

The article focuses on the disclosure of the constituent elements of the right to take part in cultural life. It is pointed out that the right to take part in cultural life is enshrined in a number of international human rights instruments (the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Rights of the Child of 1989, the Convention on the Rights of Persons with Disabilities of 2006, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 etc.) It is emphasised that cultural rights are an integral part of human rights and, like other rights, are universal, indivisible and interdependent. It is emphasised that despite the wide recognition of cultural rights, one of the main reasons for the neglect of such rights is the complexity of their definition. It is characterised the approaches to defining the term “culture”. It is noted that culture is a broad, inclusive concept that encompasses all manifestations of human life, such as ways of life, language, literature, music and song, system of religions or beliefs, rituals, ceremonies, art etc. With regard to the right to “participate” and “take part” in cultural life, the author states that it is characterised by three interrelated components: participation in cultural life, access to cultural life and contribution to cultural life. It is established that the right to take part in cultural life also includes five interrelated essential features: availability, accessibility, acceptability, adaptability, and appropriateness. Availability implies that cultural goods and services should be accessible to all. Accessibility includes four key elements: non-discrimination, physical accessibility, economic accessibility, and information accessibility. Acceptability means that states should consult with the individuals and communities involved to ensure that actions to protect cultural diversity are acceptable. Adaptability means that states should adopt a flexible approach to cultural rights and respect the cultural diversity of individuals and communities. Appropriateness implies that a particular right is implemented in an appropriate and acceptable manner in a given context.