Abstract

http://ssrn.com/abstract=1002620
 
 

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Cultural Heritage and Human Rights


Katja S. Ziegler


University of Leicester - School of Law


Oxford Legal Studies Research Paper No. 26/2007
ALBERICO GENTILI: LA SALVAGUARDIA DEI BENI CULTURALI NEL DIRITTO INTERNAZIONALE, Giuffrè Milano, ed., 2007

Abstract:     
The paper sketches out a trend to broaden the scope of the protection of culture in international law. Whereas traditionally forms of 'high' culture were protected under the notion of cultural property, the emphasis has shifted to protecting 'cultural heritage'. This reveals a more relative, pluralist and functional approach to the protection of culture focussed around the concept of cultural identity. The paper then discusses whether cultural heritage is protected merely as an objective concept or whether it has acquired the status of an individual or collective right in international law. It critically analyses the problems related to such an approach to cultural heritage by highlighting the tensions between human rights and cultural heritage where the concept is used to justify traditional or discriminatory cultural practices. It concludes by revealing how international and human rights law itself has become a factor influencing the evolution of cultural heritage.

Number of Pages in PDF File: 24

Keywords: cultural heritage, human rights, non-discrimination, cultural property, female genital mutilation, cultural relativism, universal human rights

JEL Classification: K34

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Date posted: July 25, 2007  

Suggested Citation

Ziegler, Katja S., Cultural Heritage and Human Rights. ; ALBERICO GENTILI: LA SALVAGUARDIA DEI BENI CULTURALI NEL DIRITTO INTERNAZIONALE, Giuffrè Milano, ed., 2007. Available at SSRN: http://ssrn.com/abstract=1002620

Contact Information

Katja S. Ziegler (Contact Author)
University of Leicester - School of Law ( email )
University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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