Participation In Cultural Life Research Articles

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

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.

When Copyright Meets Digital Cultural Heritage: Picturing an EU Right to Culture in Freedom of Panorama and Reproduction of Public Domain Art

Over the years, there has been an increasing interest in cultural heritage, particularly within the digital context. This has brought to light numerous opportunities and challenges that however require a careful consideration of fundamental rights, such as the public’s entitlement to participation in cultural life, i.e. the right to culture. Preserving the communal aspect of cultural heritage is pivotal in unlocking the full potential of the right to engage in cultural activities. Within the intricate landscape of norms and policies encompassing diverse and often competing interests, the primary focus of this analysis is on the copyright acquis, which may be optimised for the public’s enjoyment of digital culture. This article aims to establish connections between two EU copyright provisions: the Freedom of Panorama (FoP), a discretionary exception under Art. 5(3)(h) of the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc), allowing the reproduction of cultural goods visible from public places, and the reproduction of visual artworks in the public domain under Art. 14 of the Directive on copyright in the digital single market (CDSMD). Through a comparative analysis of how certain Member States have implemented these provisions, this article proposes potential paths for a balanced and thoughtful assessment of the interests related to digital cultural heritage that should lead to advancing the right to culture. While it would be wise to consider a supra-national legislative intervention that mandates the FoP exception, Member States should at the same time uphold the scope of Art. 14 of CDSMD, especially when it might be pre-empted by other regulations, such as those governing cultural heritage. By examining the foundations of these two provisions and seeking their nuanced interpretation, the authors anticipate the coexistence of a vital component of the EU right to culture, while acknowledging that the journey toward its comprehensive realization is far from over.

The Importance of the Digitization Process for the Promotion of Cultural Heritage of the Republic of Serbia: Empirical and Statistical Findings

Timely, comprehensive, and continuous protection, as well as the use and presentation of authentic tangible and intangible cultural-historical heritage of a certain area can greatly contribute to the economic, ecological and social development of the community and the strengthening of the competitive position. Digitization should relax all previously known forms of cultural expression and enable access to the broadest audience and their participation in cultural life. This paper has the ambition to contribute to a more comprehensive appreciation of the digitization process, facilitate access to digital content and motivate new thinking about the continuous improvement of the availability of movable and immovable cultural assets, as well as intangible cultural heritage. A primary questionnaire was created in order to assess the views and opinions of the citizens of the Republic of Serbia on the importance of the digitization process for the promotion of cultural heritage. The research sample was an opportunistic, convenient sampling of residents of the Republic of Serbia from all 5 regions (n=138). The importance of the digitization process for the promotion and preservation of cultural heritage has been established. Modern technologies are insufficiently represented in the promotion and preservation of cultural heritage, while this attitude is supported by a slightly higher percentage of respondents with the highest level of education. The importance of the digitization process for the promotion and preservation of cultural heritage has been proven, and respondents with the highest level of education attach the highest degree of importance to it. The greatest contribution can be seen in the preservation of the national identity and cultural diversity of the national communities, of our region, with social networks being the media that can contribute the most to the promotion of cultural heritage.

From the equal opportunity commission case files: experiences among persons with disabilities in Trinidad and Tobago

Everyone has the right to education, work, healthcare, participation in cultural life and community, and rest and leisure. Many groups of people however experience inequities in many aspects of life. One such group is persons with disabilities. The aim of this paper is to explore the lived experiences of persons with disabilities in Trinidad and Tobago by examining the complaints lodged with the Equal Opportunity Commission. Using a basic interpretive design, files related to four categories, namely, education, goods and services, accommodations and employment, are examined. Findings indicate various attitudinal, environmental and institutional challenges across all categories as well as financial, psychological and quality of life implications. Against the backdrop of various conceptualisations of the social model of disability and the social relational experiences of disability in the local setting, policy and practice recommendations are presented to support wellbeing for persons with disabilities in Trinidad and Tobago.

Priority Areas and Challenges in the Digital Transformation of Libraries

Priority areas and challendges in Digital Transformation (DT) of libraries are formulated. It briefly discusses the coordination of DT of libraries on an interagency basis and the development of quality standards for library services, ensuring constitutional guarantees and equal opportunities for citizens’ participation in cultural life, accessibility of cultural goods and services regardless of income level, social status and place of residence. The creation of a system of information and library services not limited by physical barriers, the transformation of municipal libraries into multifunctional intellectual cultural and leisure centres “within walking distance”, and into points of free access to network information resources has been analysed. It is necessary to eliminate the uneven development of libraries in different regions, to develop the professional and intellectual potential of Russian libraries. Modernisation of the approach to the acquisition of library collections, active replication of best practices in the digitalisation of individual library services and the introduction of methods of data mining are also a priority. The system of scientific support for DT processes in libraries should be developed. If the DT of libraries is consistent and effective, a new model of library organization will emerge in the country, involving the DT of this sector as a strategic resource for the new economy and for ensuring the innovative development of Russia. The process of implementing the DT programme for libraries will require the mobilization of all participants in library activities and the growth of social and economic efficiency of librarianship, as envisaged in the currently existing forecast documents.

РАЗВИТИЕ ЧЕЛОВЕЧЕСКОГО ПОТЕНЦИАЛА В СИСТЕМЕ ОБЕСПЕЧЕНИЯ ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ СТРАНЫ

With the entry into the third millennium, humanity has been completely captured by digital transformation and global challenges. Human potential acquires an object-subject essence, acting as an engine of social development and, simultaneously, an object of transformation. The role of human potential in the constant unpredictable movement of the country increases many times. The large-scale and incessant sanctions pressure, the Covid-19 pandemic, and the aggravated geopolitical situation require a person to realize his potential not only to ensure the stability of the economy, but also the national security of the country. Digitalization and the development of artificial intelligence, in turn, not only bring creation, but at the same time – the destruction of the tasks set by man, which entails serious contradictions. It was found that the use of the Internet reduces human interaction in real life, reduces the level of people's participation in political life, as well as civic activity and participation in cultural life, taking into account their various forms. The potential accumulated by a person, being a source of innovations and inventions, satisfies the need for development, and external challenges and threats that generate today's uncertainties give a person the means to overcome them and further develop at a higher level. Structurally, each component of human potential contributes to ensuring the stability of the economy and its sustainability. This is the paradox of human potential as the basis of the country's economic security: development combined with uncertainty and development taking place against the background of global constraints.

BOGDAN HAVRYLISHYN AND CULTURAL LIFE IN THE POST-WAR DI-PI CAMPS ON THE TERRITORY OF GERMANY (1945–1947)

This study highlights part of the life of the Ukrainian scientist and well-known philanthropist Bohdan Dmytrovych Gavrylyshyn (1926–2016), related to his stay and participation in cultural life in the DP camps on the territory of Germany after the end of the Second World War. An analysis of scientifi c works devoted to the topic of Ukrainian displaced persons in post-war Europe was carried out. Characteristic features of their daily life in the camps, cultural and religious life, household arrangements, establishment of education for children and youth, etc. are highlighted and described. Based on the study of memories and interviews, the important moments of Bohdan Gavrylyshyn’s life in the period under consideration have been established. The important factors that influenced the formation of his personality, worldview, and, accordingly, his further life, were traced and noted. Considerable attention is paid to the general historical picture of events, the number and prevalence of camps in the western occupation zones of Germany and Austria, living conditions in them, international agreements regarding the fate of displaced persons, etc. Acquaintance and integration of young immigrants from different parts of Ukraine is considered. As a plastun, during his stay in the camps for overgrown persons, he joined the «Forest Devils» camp. Already in retirement, he devotes himself to Ukraine, in particular, he became the head of the Regional Plast Council (2006–2008) and created the Plast Development Fund in 2008. The negative phenomena of camp life are also considered, in particular, the risk of repatriation to the USSR, the uncertainty of the future, poor nutrition, insufficient conditions for training, lack of funds, etc. Among the factors that provided certain favorable opportunities for young people, a large percentage of the Ukrainian intelligentsia who had the desire and willingness to open schools stands out. This gave them the opportunity to complete secondary education, which would give them a chance to enter universities in different parts of the world. Bohdan Gavrylyshyn also used this opportunity, later entering a university in Canada. Keywords Bohdan Hawrylyshyn, Germany, Bavaria, camps for Displaced Persons, Plast, scouts, culture, gymnasium.

Beate Barbara Juliane von Krüdener o podróżach i w podróżach po Europie

Beate Barbara Juliane von Krüdener about journeys and on journeys across Europe The paper presents the problem of travelling on the basis of the novel “Valérie” and the volume “The Memories of Childhood and Youth” by Beate Barbara Juliane von Krüdener (1764–1824). Krüdener was a French-language writer, born in Riga, belonging to the honourable family of Baltic Germans, who, at the end of her life, was an advisor to Alexander I. The paper consists of five parts: “Who was she?” (the writer’s biography) “On the Baltic Sea” (a picture of Denmark in “Valérie” and Livonia in the memories), “In Saint Petersburg” (a picture of Russian tsars), “Towards the West” (a picture of Denmark and Italy in “Valérie” and Germany, France, England in the memories) and “The Conclusion” (the concept of a “Russian European”). Krüdener’s journeys were of intellectual type (meeting with political and cultural elites of Europe, participation in cultural life). Northern Europe (cold and melancholic) is contrasted with southern Europe (warm and cheerful).

Қазақстанқоғамының әлеуметтік жаңғыруындағы қала мәдениетінің рөл

This article contains research in the field of sociological, historical, cultural thought, devoted to the study of various aspects of urban culture and its holistic analysis. The study of urban culture has been one of the most studied complex and relevant topics in the system of humanitarian education for a long time. It is impossible to fully understand and assimilate modern culture beyond the history of the city, including all its aspects, customs and traditions, which, first of all, actualize the values of the past. Modern reality seems to require an idea of a city that combines theoretical and applied aspects that allow the implementation of urban development programs, consideringthe metaphysical, cultural-historical, socio-cultural levels of understanding urban reality. In many cities of Kazakhstan, there is no single program of cultural development, moreover, in the understanding of officials and townspeople, there is no understanding of the culture of the city as a holistic way to be in the unity of the results of all the activities of its inhabitants. Despite numerous works devoted to the study of urban culture in various aspects, the scientific literature still lacks a comprehensive analysis of the role of urban culture in Kazakhstani society, reflecting theholistic picture of the city’s participation in cultural life and the role of this participation in the framework of socio-cultural processes. The main goal of the article is to consider the importance of the city as a cultural phenomenon from a scientific point of view, to draw conclusions that will help take into account cultural factors in its scientific research and management using theoretical provisions and methods

The Concept of Controlled Digital Lending: Possibilities of Application in Croatian Libraries

The purpose of this paper is to investigate the relationship between the recommendations of the international library communities and the modern legislative framework in the Republic of Croatia on issues of copyright and related rights regarding libraries and e-lending. In 2021, a new Copyright and Related Rights Act entered into force in Croatia, and in recent years, especially in the context of the COVID-19 pandemic, more attention has been paid in the literature to the concept of the so-called Controlled Digital Lending (CDL) which helps fulfil the mission of libraries in supporting research, education and participation in cultural life within the limits of existing copyright laws. The CDL allows the library to circulate a digitized title instead of a physical copy, provided that the loan must take place in a controlled manner: the loan may contain as many copies of the title as the library has legally acquired. As a concept, CDL is an interesting and suitable solution for the uninterrupted provision of library services in cases of extraordinary circumstances such as a pandemic. Given that has its roots in the American legal system that is significantly different from European legal framework of copyright, IFLA in the Statement of controlled loan e-books (IFLA Statement on controlled digital lending) published in June 2021 recommends considering the application of the CDL in the framework of national legislation, so the paper will present the position of the international library community on lending e-books expressed in the Declaration and consider the possibilities of e-lending and digital copying of printed books and its lending according to the CDL concept in the context of the new Copyright and Related Rights Act and in general within the framework of contemporary Croatian and European legislation.

Positive and Negative Affects and Cultural Attitudes among Representatives of the Host Population and Second-Generation Migrants in Russia and Kazakhstan

The experience of experiencing a new culture for first-generation migrants is usually quite an intense occurrence, one that has become the subject of numerous studies. However, the question of what happens later, at the level of the second and subsequent generations, is still under-investigated. The purpose of this study was to analyze the predictors of positive and negative affect of the second generation of migrants and representatives of the host (indigenous) population in Kazakhstan and Russia. The study involved 300 people selected on the basis of the principle of proportionality (quota selection). Survey methods and mathematical methods of data processing, including SEM (structural equation modeling), were used. The research model included comparative analysis of averages, regression analysis, and path analysis. The results testified in favor of the similarity of positive and negative affect indicators and their ratios in representatives of the host community and the second generation of migrants. Cultural attitudes of the host community representatives were characterized by higher certainty and rigidity than those of the representatives of the second generation of migrants. As a result of structural modeling, it was found that 20% of the positive affect dispersion in the representatives of the host community and 17% in the representatives of the second generation of migrants were conditioned by values, identity, and cultural attitudes. Positive affect in the representatives of the host community was associated with the values of self-overcoming, ethno-nihilism-based identity, and participation in cultural life of other peoples. Positive affect in representatives of the second generation of migrants was associated with the values of openness, attitude towards changing one’s ethnic identity, positive attitude towards cultural borrowings, and a tendency to observe the traditions of one’s ethnic group. Proposals have been formulated that contribute to reducing the cultural disunity of second-generation migrants and the host population.

Participating in Cultural Life via Augmented Reality on Cultural Goods: What Role for Copyright?

Abstract Augmented Reality (AR) is a technology enabling the overlap of digital images with those from the real world. This technology can have a wide range of applications, including in the cultural heritage sector. AR initiatives can be implemented by cultural heritage institutes (CHIs) for educational and research purposes, but also by third parties as (complementary) commercial practices. When AR is applied to cultural goods, this can be referred to as the ‘exploitation’ of such goods. These goods often embed works of art which may fall under the protection of an Intellectual Property Right (IPR). This paper focuses on the importance of AR experiences when applied to cultural goods and explains why it is a suitable tool for a comprehensive and consistent achievement of the CHIs’ missions and, more broadly, for economic, cultural and social growth, as well as for a better implementation of the legal right of participation in cultural life. The analysis studies this from an IPR perspective and explains how copyright interferes with the development of AR applications. The work does not deal with the protection of AR outcomes as such. It discusses when and what challenges are raised for both moral rights and economic rights when data and images are communicated to the public via AR applications. Anyone that intends to develop AR needs to own economic rights. When rights are owned, if AR is developed by a public sector body or a CHI, rules on public sector information may also apply and facilitate the initiative. If the IPRs are not owned by the AR developer, the latter should request a license, probably via Collective Management Organizations, unless exceptions and limitations can provide for a solution. Thus, exceptions and limitations are one of the main focuses of this work.

The Role of the Court of Justice in Creating Standards for the Implementation of Cultural Rights

The present study seeks to answer the question whether the case law of the Court of Justice of the European Union in cases concerning the exercise of broadly understood cultural policies may in reality affect the extent of implementation of cultural rights—that is, access to products of culture, participation in cultural life and freedom of artistic creativity—at the level of Member States. Cultural rights are traditionally regulated by the constitutions of EU Member States and are classified by legal scholars and commentators as second generation rights. Culture, in turn, according to primary legislation of the European Union, is only a supporting competence (Article 6 of the Treaty on the Functioning of the European Union). However, a review of the Court’s case law demonstrates that CJEU’s judgments form standards that contribute to a more effective implementation of cultural rights guaranteed in the national law of the Member States and international agreements to which they are parties. This results from the nature of the Union’s law, which penetrates a national system and thanks to the principle of direct effect and supremacy truly affects the situation of EU citizens.

Any Role for Human Rights in the Norwegian Truth and Reconciliation Commission Addressing Forced Assimilation?

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives

NEW CULTURAL SUSTAINABILITY IN “OPEN CITIES”

‘Open city’ is a new term that was coined after the cultural policies of European cities had been established. This phrase reflects the need for citizens to participate in the establishment of the city’s cultural policy, which is part of a new sustainable system that involves a digital approach to cultural goods. Most European cities base their cultural policy on four key principles: cultural identity, cultural diversity – interculturality, creativity, and citizens’ participation in cultural life. Cultural development strategy must ensure that these principles are observed by and intertwined with all public policies. This approach indicates the development of artistic disciplines in all contemporary directions and should have a direct influence on local governments and those in charge of the cultural sector. Cultural tourism greatly increases residents’ participation in cultural projects.

NOVA ODRŽIVOST KULTURE U „OTVORENIM GRADOVIMA”

‘Open city’ is a new term that was coined after the cultural policies of European cities had been established. This phrase reflects the need for citizens to participate in the establishment of the city’s cultural policy, which is part of a new sustainable system that involves a digital approach to cultural goods. Most European cities base their cultural policy on four key principles: cultural identity, cultural diversity – interculturality, creativity, and citizens’ participation in cultural life. Cultural development strategy must ensure that these principles are observed by and intertwined with all public policies. This approach indicates the development of artistic disciplines in all contemporary directions and should have a direct influence on local governments and those in charge of the cultural sector. Cultural tourism greatly increases residents’ participation in cultural projects.

Dynamics of the Cultural Benefits Provision to the Russian Population (2000—2019)

The article studies the dynamics of the cultural benefits provision to the Russian population from the point of view of the main functional types in the period of 2000—2019, and develops proposals to overcome the existing imbalances. The study is aimed at determining the composition of indicators that characterize the population’s provision with conditions and services in the field of culture; forming a database of five functional types for the period of 2000—2019; selecting the methods of analysis, as well as analyzing the dynamics of the cultural benefits provision to the Russian population; assessing the positive effects and negative consequences of the cultural institutions network optimization.To this end, the article analyzes the statistical data of the Main Information and Computing Center of the Ministry of Culture of Russia, examines the legislative acts regulating the state guarantees of providing the population with cultural benefits. For each functional type (theaters, concert organizations and independent groups, museums, libraries, cultural and leisure institutions), the authors select the indicators that characterize conditions and services in the field of culture and compare them with the indicators of attendance and demand for the services by the population. The article applies an indicative model using the methods of horizontal (temporal), vertical (structural) comparative analysis. There is revealed that, firstly, the dynamics of the cultural benefits provision to the Russian population during the specified period was uneven in terms of functional types; secondly, the measures to improve the efficiency of cultural budget expenditures led to some positive changes in the conditions of provision. At the same time, there were certain imbalances in the form of a decrease in the provision of cultural benefits to the population and reduced opportunities for participation in cultural life due to some unreasonable optimization of the network of libraries and cultural and leisure institutions. The study concludes that the identified negative trends can be neutralized by creation of new cultural development centers, active introduction of mobile forms of cultural services and inclusive forms of working with people with special needs, modern digital technologies, development of cultural and educational tourism, volunteerism.

CƏMİYYƏTİN MƏDƏNİ HƏYATINDA İŞTİRAK ETMƏ HÜQUQUNUN REALİZƏSİNİN DİGƏR HÜQUQLARLA QARŞILIQLI ƏLAQƏSİ

As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right

MASS HOUSING CONSTRUCTION AND TYPES OF HOUSES IN THE CONDITIONS OF THE SETTLEMENT SYSTEM OF GREAT BAKU

At the end of the twentieth century, the Azerbaijani Republic gained independence and, in this regard, began a new stage in the development of the country. With the advent of the outstanding statesman Heydar Aliyev to the leadership of the republic, and then Ilham Aliyev, the rapid development of the economy of Azerbaijan began. This entailed, along with the development of all areas of industry and agriculture, the development of the construction industry. Large-scale housing construction has begun in all cities and towns. Especially large-scale construction has begun in the city of Baku. At the beginning of the 21st century, as well as throughout the world, models of the future development of housing are emerging in Azerbaijan. Meeting the housing needs of people is a primary task of urban planning and architecture. According to the theses of «International Congress of Modern Architects» (SIAM), which were laid down in 1933 in «Athens Charter», the dwelling is subordinated to four main vital functions: work, life in home, rest, and transportation. Modern housing does not include only personal life; it is an essential and integral part of the overall social life process. A study of the process of life of the population clearly shows that all the functions of their vital activities are interconnected. This applies both to a person’s participation in the social production of material and spiritual values, to his participation in cultural life and to the restoration of his physical and spiritual strength. A complex life process requires an environment that functions as a system in which the apartment is only one of the elements.

الطفل بين ثقافة العولمة و سيكولوجية المرأة

This article aims to focus on the upbringing and education of the child in light of globalization, especially with the changes brought about by the latter at various levels, including the changes that affected the family, especially the psychological aspect of women after leaving for work, enjoyment of economic independence, and their participation in cultural life and others. All this led her to double her efforts. This reflected negatively on the woman’s psyche and thus also its reflection on the upbringing of her children, especially that women play the main role in forming the personality of their child, as they gain behaviors and habits as well as instill values in line with the society in which they live, but the process of socialization seemed more difficult and more complex. In an era in the light of globalization and technology, especially that there are changes that touched the psychology of the mother and the role of the family, which has a responsibility to teach the inculcation of values and the development of trends and have become contested by cultural media.