Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are those concerning our very understanding of 'culture'. The manner in which the notion is understood and constructed critically shapes the very ways that culture is protected (or challenged) under international human rights law. This book pieces together the rapidly developing material on cultural rights in the UN human rights treaty bodies' practice with the profound insights of contemporary anthropology's understanding of 'culture'. Not only does it provide a structured and coherent approach to comprehending the jurisprudence of the treaty bodies, but it also examines the relationship between culture, community and the individual and rediscovers culture as a conflicting set of narratives and discourses that are deeply implicated in questions of power. It offers original insights for acknowledging the power dynamics behind an individual or community's participation in culture, and how these understandings should shape or even redefine cultural rights. This work represents a rare interdisciplinary contribution to a neglected area of human rights law. By teasing out hidden assumptions and highlighting what has been overlooked, it raises new and relevant questions regardingthe very metaphysics underpinning this area of law. Through this approach, this book not only attempts to push back the current boundaries of knowledge regarding cultural rights, but also extends an invitation to explore some of the more in-depth discussions surrounding the role of law in the protection and regulation of culture.