CYIL vol. 11 (2020)

CYIL 11 (2020) CULTURAL RIGHTS RELATED TO CULTURAL HERITAGE AND THEIR PROTECTION … during armed conflict. He refers to a number of UNESCO instruments and the Convention for the Protection of Cultural Property in Event of Armed Conflict, but he does not further examine the real meaning of cultural heritage to people. This narrow approach has gradually changed as a number of scholars has started to acknowledge a certain ‘human element’ of cultural heritage. What exactly does it mean? Cultural heritage is no longer recognized as a mere object of artistic or financial value, but as something that forms a cultural identity of individuals and communities, and serves as a precondition to exercise multiple human rights. 2 This point of view has been extensively developed by the office of the Special Rapporteur in the field of cultural rights established by the United Nations Human Rights Council. Today, the protection of cultural heritage is fully recognized as a part of protection of cultural rights. Cultural Rights in Human Rights Conventions The notion of cultural rights was already mentioned in the Article 27 of the Universal Declaration of Human Rights. In the para. (1) it states: “ Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.“  3 This wording is rather general and does not explain what precisely the article understands as ‘cultural life’ or ‘enjoyment of arts’. Similar applies to the Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also uses the term ‘cultural life’ 4 but it does not provide a clear definition. However, in case of the Article 15, we can at least rely on the General Comment No. 21 issued by the Committee on Economic, Social and Cultural Rights. The Comment defines the term ‘cultural life’ as “ … explicit reference to culture as a living process, historical, dynamic and evolving, with a past, a present and a future.”  5 It also mentions that “ The concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity.”  6 The Comment provides a wide and eloquent definition of culture: ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives. 7 Such understanding of cultural life and culture is truly holistic. It stresses that the approach has to be complex and the elements of culture cannot be treated separately. The 2 FRANCIONI, Francesco. The Human Dimension of International Cultural Heritage Law: An Introduction. The European Journal of International Law , 2011, Vol. 22, No. 1. pp 9-16. 3 Universal Declaration of Human Rights. Art. 27. 4 International Covenant on Economic, Social and Cultural Rights. Art. 15. 5 General comment No. 21. UN Docs. E/C.12/GC/21. Art. 11. 6 Ibid. Art. 12. 7 Ibid. Art. 13.

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