Full Description
The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law.
This volume analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the contributions are tied by one unifying thread - that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights.
Contents
Introduction ; PART I ; 1. Religion, Culture and Human Rights ; 2. Liberty, equality, diversity: Culture, Human Rights and International Law ; PART II ; 3. Protecting Minority Groups Through Human Rights Courts: The Interpretive Role of the European and Inter-American Jurisprudence ; 4. Culture and the Rights of Indigenous Peoples ; PART III ; 5. The EU and Cultural Rights ; 6. Culture, Human Rights and the WTO ; 7. Cultural Pluralism in International Human Rights Law: The Role of Reservations ; 8. Suppressing and Remedying Offences against Culture
