Culture as collective memories : an emerging concept in international law and discourse on cultural rights

For many years legal scholars have sought to elaborate on the notion of culture in the context of cultural rights. Various expressions of the concept can be found scattered in different international instruments. The multiple meanings that the concept evokes can sometimes be confusing and the variations easily affect the obligations that States are required to comply with. This article gives an account of how these different understandings of culture evolved, as well as their legal consequences. It further seeks to identify an emerging concept of culture that is currently embodied in the works of the United Nations human rights treaty bodies, that is, the concept of culture as collective memories. The significance of this development will be highlighted.