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International Cultural Heritage Law$
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Janet Blake

Print publication date: 2015

Print ISBN-13: 9780198723516

Published to Oxford Scholarship Online: August 2015

DOI: 10.1093/acprof:oso/9780198723516.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 September 2021

Cultural Heritage and Human Rights

Cultural Heritage and Human Rights

(p.271) 8 Cultural Heritage and Human Rights
International Cultural Heritage Law

Janet Blake

Oxford University Press

Chapter 8 considers both the role that cultural heritage plays in ensuring human rights, and the human rights dimension of cultural heritage protection. Some key notions that link cultural heritage with human rights (eg cultural diversity, individual and group identities, human dignity, and indigenous heritage) are introduced and the potential for exclusion from and deliberate destruction of cultural heritage and traditional cultural practices that contravene international human rights considered. Human rights applicable to cultural heritage are presented, namely cultural rights, rights of minorities and indigenous peoples, and human rights related to heritage. The character of cultural rights is examined, identifying the rights-holders, the scope of these rights, the nature of the obligations imposed, the operation of the non-discrimination principle, and potential violations of these rights. This chapter concludes with demonstrating how the aforementioned cultural human rights are expressed in cultural heritage treaties.

Keywords:   human rights, cultural rights, identity, dignity, indigenous and minority heritage

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