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.

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Part I: Setting universal rights

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

The enjoyment and fulfilment of the right to participate in culture requires an enabling environment and a legal framework that offers a solid basis for the protection of rights related to cultural actions. A society that demonstrates an interest in nurturing cultural and spiritual needs in conditions of liberty has a greater chance of developing a sense of social responsibility among its members. This study is a general overview of existing legal and policy frameworks in Europe, covering access to and participation in cultural life, cultural provision and cultural rights. It aims at facilitating an environment that enables the development of access and participation in this area. The study also pays due tribute to local civil society organisations and cultural associations, in recognition of the important role they play in making access to culture possible.

This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theoristsa (TM) account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.

In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.

Framing timely and pressing questions concerning music and cultural rights, this collection illustrates the ways in which music--as a cultural practice, a commercial product, and an aesthetic form--has become enmeshed in debates about human rights, international law, and struggles for social justice. The essays in this volume examine how interpretations of cultural rights vary across societies; how definitions of rights have evolved; and how rights have been invoked in relation to social struggles over cultural access, use, representation, and ownership. The individual case studies, many of them based on ethnographic field research, demonstrate how musical aspects of cultural rights play out in specific cultural contexts, including the Philippines, China, Hawaii, Peru, Ukraine, and Brazil. Contributors are Nimrod Baranovitch, Adriana Helbig, Javier F. Leon, Ana María Ochoa, Silvia Ramos, Helen Rees, Felicia Sandler, Amy Ku'uleialoha Stillman, Ricardo D. Trimillos, Andrew N. Weintraub, and Bell Yung.

This book provides an innovative contribution to the emerging field of culture and development through the lens of cultural rights, arguing in favour of a fruitful dialogue between human rights, development studies, critical cultural studies, and concerns about the protection and preservation of cultural diversity. It breaks with established approaches by introducing the themes of aesthetics, embodiment, narrative and peace studies into the field of culture and development, and in doing so, proposes both an expanded conception of cultural rights and a holistic vision of development that not only includes these elements in a central way, but which argues that genuine sustainability must include the cultural dimension, including the notion of cultural justice as recognition, protection and respect extended to the many expressions of human imagination in this world.