Cultural Diversity (2001) that are devoted
to protecting cultural diversity, promoting
the diversity of cultural expressions, and
safeguarding tangible and intangible
cultural heritage. Likewise, the 2005
UNESCO Convention on the Protection
and Promotion of the Diversity of Cultural
Expressions carries special weight, as we
shall see.
Finally, there are a number of relevant
provisions and instruments relating to
minorities and indigenous peoples that
concern issues such as identity, language,
belief systems, traditions and customs,
participation in cultural life, education, and
cultural heritage.
Cultural Heritage and the Right
to Participate in Cultural Life
Within the cultural rights context, as
already mentioned, the right to engage
with cultural heritage is considered an
aspect of the right freely to participate
in cultural life. Relevant legal documents
reflect, more or less directly, the view
that it is important when talking about
cultural heritage also to look at the cultural
meanings and practices that individuals
and collectivities associate with it.
No uniform definition of cultural
heritage can be found in the relevant
legal instruments. Most of them simply
list items that they understand as
belonging to tangible, intangible, or
natural heritage. Historical buildings,
monuments, archaeological sites, and
collections of objects belong in the
category of tangible heritage, for example.
Oral traditions, social practices, dances,
rituals, and the knowledge and skills to
produce traditional crafts are all part of
intangible cultural heritage, and natural
heritage refers to elements of biodiversity,
including flora and fauna, ecosystems,
and geological structures. The key here is
the multiple expressions, manifestations,
and communications of heritage through
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which people – individuals as well as
communities, including minorities and
indigenous peoples – express their
cultural identity and give meaning and
value to their lives.
Over the years, a change seems to
have occurred within international legal
instruments as to what kinds of cultural
heritage should be safeguarded, and
for what reasons. Whereas the earlier
instruments discussed and wanted to
protect the cultural heritage that had
outstanding value for humanity as a whole,
newer instruments aim to safeguard
cultural heritage which has special value
for individuals and communities.
Crucially, the protection of cultural
diversity should not be equated with
cultural relativism. The fear that
cultural rights and cultural diversity will
automatically lead to cultural relativism
has always been there. The UN Special
Rapporteurs have tried to counter this fear
by reaffirming the universality of cultural
rights as an integral aspect of human
rights. The commitment to cultural rights,
they have argued, goes hand in hand with
the commitment to cultural diversity.
Respect for cultural rights as universal
human rights will automatically make
people respect cultural diversity, but it will
also make people see and understand that
not all cultural practices are protected in
international human rights law.
Cultural rights are not and should never
become an excuse for the violation
of other human rights. Gender is an
important issue in this context, as in so
many other cultural rights contexts. When
cultural practices lead to discrimination
against women, they must be questioned.