Cultural Rights Research Articles

This article examines how Slovenia’s post-communist approach to diversity management marginalizes minorities from the former Yugoslav republics. The constitution grants cultural rights and parliamentary representation to Italian and Hungarian minorities, but communities from Bosnia, Serbia, North Macedonia, Kosovo, and Croatia are excluded from these protections. Recognised mainly by religious affiliation, these groups have limited access to formal minority rights. Their fight for recognition is fragmented, lacking unified political representation, and the 1992 “erasure”—the removal of thousands from the permanent resident registry after independence—still undermines their sense of belonging. Drawing on theories of racialized citizenship, belonging, multiculturalism, and social mobility, the article examines how exclusionary legal frameworks create hierarchies of belonging that hinder mobility for these unrecognised minorities. The qualitative interviews with descendants of Bosnian migrants reveal intergenerational struggles with recognition, ambivalent experiences of citizenship, and discrimination. Set in the post-communist Eastern European context, the study argues that even under the pressures of EU integration, citizenship regimes remain divided along ethnic lines. This division maintains structural inequalities and marginalizes certain groups despite their long-term residence and formal citizenship. The study contributes to debates on ethnicised citizenship and diversity management by showing how legal exclusion, historical legacies, and fragmented minority politics limit belonging and mobility in post-communist societies.

The authors of this article explore the true normative scope of safeguarding Intangible Cultural Heritage (ICH), responding to critiques stating that the 2003 UNESCO Convention is ineffective in protecting vulnerable communities such as the Roma or Rohingya. Commonly asked questions – e.g., “How does the Convention safeguard their heritage?” – prompt a broader legal reflection. The authors argue that ICH is not governed solely by the 2003 Convention but also by cultural rights enshrined in human rights law. The interplay and divergence between these two frameworks is examined: the horizontal, diplomatic nature of the UNESCO Convention versus the vertical, authoritative dynamic of cultural rights. Despite differing regulatory approaches and terminologies, both fields show growing normative overlap. After 20 years of the 2003 Convention and 60 years of cultural rights development, the authors call for a more integrated legal approach, highlighting the need to connect cultural heritage law and human rights law more explicitly to strengthen the safeguarding of ICH through a rights-based lens.

International treaties and policy are often responsive to developments in scientific knowledge in predominantly non-legal disciplines, such as environmental protection, trade and investment. This involvement of non-legal expertise is mainly at the stage of policy-setting and aims to provide tools for implementing these instruments. The author of this chapter proposes that the degree of involvement of non-legal specialists, particularly those of cultural anthropology and ethnology, has been more profound than is normally the case, and has exercised a continuing influence over the process of the initial development, subsequent policy-setting and implementation of UNESCO’s 2003 Convention, which is unusual. This is not surprising in view of the strong human (cultural) rights orientation of the 2003 Convention and influence of the discipline of anthropology on development of that field of law and the subsequent jurisprudence of treaty bodies. Placing the discussion within broader framework of mutual interaction between and influence of the fields of law and anthropology, the current chapter traces the role of anthropological, ethnological and related social science expertise from before and during the treaty’s drafting and its subsequent implementation up until today, concluding that this relationship, whilst presenting challenges, has overall been positive and continues to map the future orientations for the 2003 Convention.

ABSTRACT Based on paired in-depth interviews, this article explores how immigrant mothers and their children navigate Taiwan’s emerging policy regime of geopolitical multiculturalism to improve their life chances and social recognition. I use the concept of reproducing multicultural citizens to describe that marital immigrants’ citizenship pathways center on their gendered reproductive responsibility at the intersection of public and private spheres. First, they are entrusted by the state to raise children as multicultural citizens by passing on immigrants’ ethnic culture as family-based ethnic capital rather than group-based cultural rights. Second, as naturalized citizens, they are also expected to perform the role of multicultural ambassadors and transnational bridges. These civic engagements are largely an extension of their roles around family reproduction as wives, mothers, and daughters-in-law. Their citizenship pathways, which transform over lifetimes and across policy regimes, often incur ambivalent consequences for immigrants and the second generation.

Artificial intelligence (AI) has transformed and reshaped the way people work and interact. While AI provides convenience, it also poses significant challenges to human rights, particularly gender equality. The use of AI in recruitment processes, healthcare diagnosis, and discriminatory content moderation illustrates how it can exacerbate existing inequalities. This study employs a normative juridical method with a qualitative approach, analyzing primary instruments of international human rights law such as the Universal Declaration of Human Rights (UDHR),the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It also examines non-binding frameworks, namely the UNESCO Recommendation on the Ethics of AI and the OECD AI Principles, and compares them with the binding EU AI Act. The findings indicate that AI has the potential to violate fundamental rights of women, including the rights to equality and non-discrimination, work, privacy, health, participation in public and political life, as well as representation and identity. Furthermore, soft-law mechanisms remain insufficient to prevent gender bias, as their implementation relies heavily on states’ political will. Nevertheless, states have a positive obligation under international law to respect, protect, and fulfil the right to equality; thus, a binding international legal framework is urgently needed to ensure accountability and gender-sensitive AI governance.

Much has been written and discussed about artificial intelligence (AI) and growing sentiment suggests it is here to stay. How should AI be used, positioned, developed and governed? Will AI be the solution to persistent and inconceivable challenges, positioning early adopters for competitive advantage and economic growth? Questions and concerns abound but it is time we move beyond debate and come to resolution regarding ethical AI standards and policies to influence and govern use. Co-sponsored by the Information Policy and Information Ethics special interest groups (SIGs), this proposal is for a pair of 90-minute speaker panels, facilitated by the respective SIG convenors. This joint-panel presents a continuous conversation to strengthen our resolve of ethical AI standards and policies. Panelists will present intercultural and geopolitical perspectives to frame an ethical stance that will be workshopped across panels for an ethical pedagogical position to inform policy. The first panel, AI Ethical Standards: Resolving to make AI ethical decisions, will feature four speakers focusing on ethical considerations. Kyle Jones (Indiana University Indianapolis) will present his development of the course “AI for Information Professionals,” focusing primarily on the boundaries (and lack thereof) of pedagogical ethics when designing a course for and with generative AI tools. Clara Belitz (University of Illinois) will present research on the usage of AI in middle and high school mathematics classes in the United States, centering student experiences with these systems, speaking to how “AI fairness” is conceptualized and measured. John Burgess (University of Alabama) will speak on human dignity and AI from a sustainability ethics perspective, drawing on the work of Emmanuel Levinas. Finally, Spencer Lilley (Victoria University of Wellington) will speak on ethics from an Indigenous perspective, including transparency of training AI, the use of this data to spread mis-/disinformation about Indigenous peoples, and implications for indigenous intellectual and cultural property rights. We acknowledge and appreciate the individual and collective decolonizing efforts and commitments of our SIG members. Our conversations reflect complex intercultural challenges, which we discuss with an ethic of care, confidentiality, and intellectual curiosity and respect for divergent perspectives and practices.

This article examines the cultural rights of Armenians as a national minority in the United Arab Emirates (UAE), focusing on various programs and events that contribute to the preservation and promotion of their cultural heritage. It delves into the activities of traditional Armenian charitable and cultural organizations, highlighting key initiatives in the fields of education and culture. The article examines the impact of Armenian Church activities, identi-tybuilding activities, and external forces, such as Armenia and the global Armenian diaspora, on the cultural life of the UAE community. In the 21st century, the Armenian community continues to actively participate in promoting cultural pride through educational initiatives, international partnerships, and strategic representation of Armenian culture on international platforms. These efforts will not only enrich the UAE's cultural fabric, but also contribute to the wider recognition of Armenian heritage on the global stage. The Armenian community in the UAE continues to engage in the preservation and promotion of cultural heritage through vari-ous organizations and committees.

The existence of an international community of states, requiring institutionalised cooperation based on solidarity, is evident in several fields of international law, including economic, social and cultural (ESC) rights and disaster risk governance. International water law, however, employs a pervasive solidarity-based notion of community interest, which is given effect by means of a general duty of institutionalised cooperation. This sub-field, in which the interdependence of watercourse states is immediately apparent, has long embraced a ‘community of interest’ approach to transboundary water cooperation, which informs every aspect of the cardinal principle of equitable and reasonable utilisation, which is itself characterised by a deeply distributive conception of equity. Sustainable and optimal utilisation of shared freshwaters requires moderation of uncompromising ideas of territorial sovereignty, upon which states’ water-related entitlements have traditionally been founded. Solidarity amongst a community of watercourse states, based upon their substantive sovereign equality, regardless of their respective circumstances, plays a key role. It permeates international water law through, inter alia, a distributive conception of equity and the differentiation evident in expected standards of state conduct. Solidarity can shape cooperative transboundary water management, whereby the focus shifts from competing national interests to attaining optimised common benefits.

The present study aims to understand how the creation of the Jacupiranga Mosaic (Mojac) can be interpreted as a form of governance oriented toward the common good, considering sustainable development, land tenure conflicts, and the role of local communities, especially quilombola communities, in the Vale do Ribeira region, São Paulo. The analysis is grounded in theoretical frameworks on shared governance and based on a documentary survey of legislation, public policies, and news reports, as well as interviews with nine actors directly involved in the Mojac, including representatives of traditional and quilombola communities, local managers, and farmers. The study also involved in situ observation of two quilombola communities in the region. The study assumes that territorial conflicts stem not only from opposing interests but also from the historical denial of territorial and cultural rights of local populations. The results indicate that, although the Mojac represents a significant effort to coordinate different sectors and objectives such as environmental conservation and sustainable resource use, its effectiveness is constrained by structural challenges. These include limited representativeness in management councils, difficulties for quilombola and traditional communities to access decision-making spaces, scarce resources, and conflicts between conservation goals and local economic practices. It is concluded that the Mojac constitutes a promising initiative but still needs to overcome institutional barriers and strengthen its participatory base to consolidate itself as a governance model oriented toward the common good, capable of integrating environmental conservation with recognition of quilombola and traditional ways of life in the Vale do Ribeira.

Within the context of complex policy challenges related to land access and resource management, Gujarat’s Little Rann of Kutch (LRK) is a distinctive and ecologically significant landscape. A multitude of natural resources, such as brine, salt deposits and wildlife, can be found in the LRK saline flatlands. Historically, the De-notified and Nomadic Tribes (DNTs), who have relied on the area for their customary practices and means of subsistence, have had access to these resources. Nonetheless, a number of governmental, administrative, social and economic measures have combined to make it harder to access the LRK recently. Much of the LRK is now off-limits to the public due to the wild ass sanctuary designation by the government. Furthermore, the privatization of substantial land areas has resulted from the growing number of commercial salt production operations, which has further restricted access for local communities. These access restrictions have greatly affected the DNTs’ livelihoods, culture and human rights, who have relied on the LRK. Due to forced relocation, many DNTs have lost access to essential resources and had their traditional practices disrupted. They were also forced to give up their nomadic and semi-nomadic life. The LRK presents policymakers with opportunities to address land access and resource management issues. By doing so, they can guarantee that the natural resources of the area are managed in a way that upholds local communities’ rights and means of subsistence while simultaneously fostering the long-term sustainability of this distinctive and priceless ecosystem.

During the 1990s, the band Los Caballeros de la Quema supported the fight for human rights, participating in activities organized by organizations such as the Mothers and Grandmothers of the Plaza de Mayo and CORREPI. With their reunion in 2017, the band once again participated in commemorative festivals and concerts. Addressing the links between rock and human rights organizations, this article seeks to analyze the bond and commitment the band has forged with the Mothers of the Plaza de Mayo and CORREPI, seeking common ground, changes, and ruptures. I ask myself: How have the links between the band and human rights organizations been reconfigured? What does support for human rights mean in different sociopolitical contexts? I believe that the band's actions have sought to intervene in the production of meaning, seeking to denaturalize some hegemonic ideas and position others; however, this involvement has been conditioned by the different sociopolitical contexts. To achieve the stated objectives, I conducted interviews and analyzed data published in various online sources (newspaper articles, websites, and social media). Participant observation at concerts (during the band's second period) also informed and analyzed the information. This article seeks to contribute to studies on art, culture, and human rights through an interdisciplinary approach that articulates the social studies of music and perspectives that address the social and political uses of art and culture.

The article presents the results of scientific research on a comprehensive analysis of international standards for the protection of the rights of victims of domestic violence, and also establishes the patterns of their use in the long-term practice of the European Court of Human Rights. It has been established that before 1975, which was named the UN General Assembly’s Year of Women, there were no direct references to the phenomenon of domestic violence in international documents. For example, the provisions of the Universal Declaration of Human Rights, as well as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights do not use the concept of domestic violence, while a number of articles, which are characterised by a high degree of generalisation interpret the right to life, liberty and security of person, the prohibition of torture, cruel, inhuman or degrading treatment or punishment, the right to equality before the law, and that motherhood and childhood entitle the child to special care and assistance. It was only with the first-ever World Conference on Women that international law included provisions relating exclusively to the legal status of women and children as victims of violence, including within their own families. It is established that there are differences in various international documents as to whether violence against women should be considered a form of discrimination in itself. For the purpose of comparative analysis, the authors of the article studied the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence of 11.05.2011 (hereinafter - the Istanbul Convention), as well as Resolution 2003/45 adopted by the UN Human Rights Committee on 23.01.2003. The authors of the article also emphasised that in the context of domestic violence, the ECHR case law is quite diverse, given that this violation can be interpreted in the context of several articles of the Convention. Articles 2 (right to life), 3 (prohibition of torture), as well as Article 8 (right to respect for private and family life) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The human right to science, including the right to enjoy the benefits of scientific progress, is by far the least understood human right despite its central role in shaping scientific innovation. Research into innovative cancer therapies and biotechnologies has been pivotal in the realization of much of these advancements. Yet much of it is not accessible, affordable, or available to patients who need them most. This article examines the nature and scope of the right to science in cancer research in the context of General Comment No. 25 on Science and Economic, Social and Cultural Rights (E/C.12/GC/25) and Article 15 of the International Covenant on Economic, Social and Cultural Rights. The normative and ethical imperative of the right is annotated to provide a basis for its justiciability when redressing the pervasive issue of inequitable access to innovative cancer therapy. It argues that a constitutional dialogue that conceptualizes the right to science is warranted when rethinking ways ethical and human rights friendly research can be achieved. This renewed interest comes at a critical juncture when science in its contemporaneous situation needs to tackle cancer healthcare inequities amid turbulent geopolitical and epidemiologic challenges while addressing the rising cancer burden globally.

This article explores the intersection between economic, social, cultural, and environmental rights (ESCR) and transitional justice (TJ) in the Inter-American system, using the Plan de Sánchez Massacre v. Guatemala (2004) case as a pivotal moment in the emergence of this legal doctrine. The ruling issued by the Inter-American Court of Human Rights (IACtHR) not only acknowledged the gravity of the human rights violations committed by state security forces but also set a precedent for expanding reparations beyond traditional civil and political rights. By incorporating ESCR considerations, the court strengthened the link between TJ and structural inequalities, particularly regarding historically marginalized groups like the Maya indigenous people. Framed within Paul W. Kahn's cultural analysis of law (CAL), this study argues that Plan de Sánchez case represents a natal judgment in the legal doctrine of ESCR and TJ, emphasizing how the categories and legal narratives used by the Inter-American judges shape and give meaning to the legal culture surrounding justice, state responsibility, and reparations. By articulating the connection between ESCR and TJ, this article highlights the potential for a more holistic legal culture within the Inter-American system, one that not only provides redress for past atrocities but also fosters long-term social transformation through rights-based reparations.

This research aimed to analyze personality traits and social vulnerability in adults with high abilities in Spain and to reflect on these variables from a human rights perspective. The study included 231 participants with high abilities residing in Spain. Data collection instruments comprised a questionnaire requesting characterization information and situations of social vulnerability, along with the Brief Personality Questionnaire, both administered via Google Forms and analyzed quantitatively. Results indicated that 139 participants (60.17%) had experienced vulnerability situations, most involving some form of violence. Regarding personality, gender-based analysis revealed statistically significant differences, with a higher incidence of vulnerability situations among women with high abilities compared to men. Furthermore, experiencing vulnerability situations had implications for personality, with statistically significant differences in the neuroticism dimension, which was more pronounced in individuals who had experienced vulnerability situations. The relationship between vulnerability and the neuroticism personality trait is discussed, emphasizing the need to guarantee economic, social, and cultural rights to achieve full development as a human right.

ABSTRACT One-third of the world’s population remains offline in 2023, underscoring a growing consensus on the critical role of Internet connectivity in today’s society. Drawing on extensive quantitative and qualitative analysis of over 2,800 recommendations issued by UN Treaty Bodies, Human Rights Council special procedures, and under the Universal Periodic Review from 2006 to 2024, this article examines the evolving discourse on Internet access within the international human rights system. While early discussions framed Internet access primarily through the lens of freedom of expression, our findings reveal a marked shift toward viewing it as an integral component of economic, social, and cultural rights. We show, however, that this shift is slower than the rapid corporate and governmental consolidation of digital power. Accordingly, we propose anchoring Internet access – at least as a derivative right – in Article 15 ICESCR and outline the related State obligations to respect, protect and fulfil.

The National Human Rights Commission (NHRC) Nepal is a constitutionally established institution dedicated to the protection and promotion of human rights. This article critically examines the comprehensive role of the NHRC Nepal by analyzing its legal mandate, institutional structure, and operational mechanisms. The commission plays a pivotal role in monitoring government actions, investigating human rights violations, raising public awareness, and recommending policy and legal reforms to promote justice, equality, and dignity for all citizens. As a guardian of civil, political, economic, social, and cultural rights, the NHRC Nepal engages in educational outreach, collaborates with civil society, and offers consultative advice to government agencies. These efforts aim to bridge the gap between constitutional guarantees and ground realities. However, despite its achievements, the Commission faces several institutional challenges—including limited financial and human resources, delays in investigation, and the non-binding nature of its recommendations—which undermine its effectiveness. This article underscores the urgent need for structural and operational reforms to enhance the NHRC Nepal’s autonomy, enforcement capacity, and outreach. Furthermore, by aligning its work with international human rights frameworks and participating in global networks such as the Asia Pacific Forum and United Nations Human Rights Council reviews, the NHRC Nepal contributes to the global dialogue on human rights protection. Addressing these gaps will not only improve its domestic performance but also strengthen its legitimacy and impact on the international front.

Abstract This study examines the challenges of implementing linguistic rights for national minorities and the titular nation in Belarus, focusing on the Belarusian, Lithuanian, and Polish languages. It explores theoretical aspects of linguistic rights and the international norms regulating them, analyzing the historical and legal context to understand the current landscape. The distinction between lex generalis and lex specialis in international law creates barriers to realizing linguistic and cultural rights. The author proposes the concept of “co-nation” to recognize minorities and the titular nation as equal partners, fostering unity against oppression. Utilizing the principle of “good faith” as an ethical assessment tool, the study reveals how concepts like “abuse of rights” and “mens rea” expose the root causes of non-fulfillment of obligations, affecting state accountability under international treaties. The study emphasizes that actions threatening cultural and linguistic heritage could lead to international criminal liability for genocide, as demonstrated by tribunal practices.

ABSTRACTIn recent decades, Egypt has been a place of refuge for many individuals fleeing political upheaval, including Sudanese, Syrian, Yemeni, Iraqi, and Palestinian communities. The influx of Sudanese refugees since 2023 has further increased the country's refugee population. Yet, despite their growing presence, Egyptian museums have largely overlooked the stories, heritage, and experiences of refugees in their exhibitions and programs. This paper addresses this gap by exploring how Egyptian museums could advance social inclusion of refugee communities and support their cultural rights. Grounded in human rights frameworks and informed by museum practices from both the Global North and the Global South, the study employs a qualitative approach, drawing on in‐depth interviews with museum professionals from the Egyptian Ministry of Tourism and Antiquities and individuals from refugee communities. It examines perceptions of the current lack of tailored initiatives and investigates how museums can foster intercultural understanding, promote social engagement, and help reduce inequalities in refugees' participation in cultural life. The findings reveal critical barriers rooted in institutional priorities, limited resources, and broader sociopolitical dynamics that often hinder their cultural inclusion, but also highlight emerging awareness among museum professionals of the need to engage marginalized groups. The paper proposes practical strategies for Egyptian museums to move beyond their traditional agendas by developing sustainable initiatives—such as co‐created exhibitions, intercultural workshops, and collaborations with refugee organizations—that amplify refugees' voices and promote shared values of diversity and inclusion.

In the article it is described the institutional mechanism of the United Nations in the field of protection against discrimination. It is indicated that the United Nations treaty bodies (the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, etc.) monitor the implementation of the relevant treaties by State parties. They also consider complaints about violations of the rights guaranteed by these treaties, including discrimination. It is noted that the Office of the United Nations High Commissioner for Human Rights facilitates the work of special procedures that implement thematic and country mandates, conduct legal research and provide administrative services to treaty bodies. It is indicated that the Human Rights Council considers cases of human rights violations, including discrimination, through universal periodic reviews, special procedures and investigations. The author refers to the Group of Human Rights Experts on Nicaragua, which was established by a Human Rights Council resolution and is mandated to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018, including possible gender-related aspects of such violations and abuses. The powers of the International Independent Expert Mechanism to Advance Racial Justice and Equality in the context of Law Enforcement are characterised. Attention is focused on the powers and working methods of special procedures, such as: The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Working Group of Experts on People of African Descent, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and the Working Group on discrimination against women and girls. The activities of the special procedures in the field of discrimination protection are highlighted (conducting fact-finding visits to countries, providing commentary on national legislation, preparing thematic reports, etc.). Relevant conclusions are drawn.