Cultural Rights as Collective Rights: An International Law Perspective

Human Rights › International Law

Cultural Rights as Collective Rights: An International Law Perspective

By Andrzej Jakubowski
Brill Nijhoff July 2016

Specifications

ISBN-13
9789004312012
Publisher
Brill Nijhoff
Publication
July 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights.

Cultural Rights as Collective Rights: An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.

Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights.

As such, Cultural Rights as Collective Rights: An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Table of Contents

Acknowledgments
Foreword
Notes on Contributors
Select Abbreviations
Table of Cases
Table of Instruments
Introduction Andrzej Jakubowski

PART I CULTURAL RIGHTS – INDIVIDUAL OR COLLECTIVE?
CHAPTER 1 Cultural Rights as Collective Rights Miodrag Jovanović
CHAPTER 2 The Cultural Contingency of the Human Right to Freedom of Religion Lorenzo Zucca
CHAPTER 3 Individual and Collective Cultural Rights – Considered in the Light of Recent Developments in Cultural Heritage Law Janet Blake

PART II COLLECTIVE CULTURAL RIGHTS AND INTERNATIONAL HUMAN RIGHTS LAW
CHAPTER 4 Collective Cultural Right and International Human Rights Law Yvonne Donders
CHAPTER 5 Protection of Community Culture as a Part of Human Rights in International Law Kamrul Hossain
CHAPTER 6 The Safeguarding of Collective Cultural Rights through the Evolutionary Interpretation of Human Rights Treaties and Their Translation into Principles of Customary International Law Federico Lenzerini

PART III COLLECTIVE CULTURAL RIGHTS –REGIONAL PERSPECTIVES
CHAPTER 7 Cultural Heritage and the Collective Dimension of Cultural Rights in the Jurisprudence of the European Court of Human Rights Andrzej Jakubowski
CHAPTER 8 Collective Cultural Rights in Asia: Recognition and Enforcement William Logan
CHAPTER 9 Collective Cultural Rights as Human Rights Simpliciter: the African and African Charter Example Folarin Shyllon
CHAPTER 10 Collective Cultural Rights in the Inter-American Human Rights System Kristin Hausler

PART IV ENFORCEMENT OF COLLECTIVE CULTURAL RIGHTS
CHAPTER 11 International Legal Framework for the Enforcement of Collective Cultural Rights Francesco Francioni
CHAPTER 12 Standing and Collective Cultural Rights Ana Filipa Vrdoljak
CHAPTER 13 Collective Cultural Claims before the International Court of Justice Eleni Polymenopoulou
CHAPTER 14 From ‘Genocide’ to ‘Persecution’: ‘Cultural Genocide’ and Contemporary International Criminal Law Elisa Novic

Bibliography
Index.
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