Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
This book is the second volume in
The Universal Declaration of HumanRights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.
Elsa Stamatopoulou, Chief of the Secretariat of the UN Permanent Forum on Indigenous Issues, previously worked 22 years in the human rights field at the UN and published extensively. Founder and member of human rights and other NGOs, has been recognized by various awards.
INTRODUCTION: I. LEGAL HISTORY AND CONTEMPORARY CONTEXT; A. The drafting history of Article 27 of the Universal Declaration of Human Rights and of Article 15 of the International Covenant on Economic, Social and Cultural Rights; Article 27 of the Universal Declaration of Human Rights; Article 15 of the International Covenant on Economic, Social and Cultural Rights; B. Culture, cultural relativism, identity politics; C. The World Conference Against Racism, Racial Discrimination, Xenophobia and related Intolerance; D. Dialogue Among Civilizations; II. THE RIGHT TO PARTICIPATE IN CULTURAL LIFE IN INTERNATIONAL INSTRUMENTS AND PRACTICE; A. International instruments; B. Role of the United Nations human rights treaty bodies with respect to the right to participate in cultural life; C. Role of United Nations bodies other than the human rights treaty bodies; D. Role of the Office of the High Commissioner for Human Rights; E. Role of the United Nations Education, Scientific and Cultural Organization (UNESCO); F. Cultural rights and United Nations operations; III. WHAT ARE CULTURAL RIGHTS? NORMATIVE CONTENT OF THE RIGHT TO PARTICIPATE IN CULTURAL LIFE; A. The context and concept of culture; B. The fundamental nature of cultural rights: not every rite is a right; C. The elements of the right to participate in cultural life; D. State obligations and violations; E. Monitoring cultural rights: indicators and benchmarks; F. Justiciable aspects of cultural rights; IV SPECIAL GROUPS;
A. Indigenous Peoples and Minorities: what are their cultural rights?; B. Other Groups; CONCLUSIONS AND RECOMMENDATIONS; APPENDICES; SELECTED BIBLIOGRAPHY; INDEX.
All those interested in human rights and international law, international relations and organizations, indigenous peoples and minorities, women's rights, and the interface and limits between identity, culture, human rights, peace and development (academy, those working in public policy, students).