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Cultural rights are an essential puzzle piece within the larger picture of human rights. Cultural rights encompass the right to participate in cultural life, the right to express cultural identity, the right to belong to multiple cultural communities, and the right to access heritage. These rights ensure that people can enjoy culture in a dignified and non-discriminatory manner.
Throughout history, cultural rights have evolved to become the protected freedoms we recognize today. Cultural practices and the ability to participate in them were a cornerstone of life in ancient and medieval communities, and philosophical, religious, and linguistic traditions were especially important. Colonialism and imperialism between the 15th and 20th centuries inflicted irreparable damage to countless communities and cultures, and the legacy of colonialism survives today. During this time, colonizers forcibly eradicated indigenous languages, religions, and customs, implementing systems to introduce colonial languages, religions, and cultural practices. The impact of these actions has echoed through time, creating a legacy of systemic inequality and racism (To learn more about colonialism, see colonialism. The loss of language and culture that occurred as a result of colonization may never be recovered, with the loss of the context of culture acting as a barrier to complete restoration despite efforts by communities, educators, and some governments. This fact highlights the need for the protection of cultural rights now and in the future. Fortunately, the protection of these rights is being pursued on local, national, and international levels.
Article 27 of the International Covenant on Civil and Political Rights, adopted by the United Nations in 1966, is an essential section of this piece of international humanitarian law, which protects the rights of ethnic, religious, and linguistic minorities to “enjoy their own culture, to profess and practice their own religion, or to use their own language.” Articles 1 and 15 of the International Covenant on Economic, Social, and Cultural Rights, which was drafted and entered into force around the same time, recognize the right to “determine their political status and freely pursue their economic, social, and cultural development” and “to participate in cultural life”. Experts in this area have identified aspects of culture that are to be included in these rights, including expression and creation of art, education and training, access to tangible, intangible, and natural manifestations of heritage, and the ability to belong to multiple communities of shared cultural values. Other declarations by the United Nations, such as the Universal Declaration of Human Rights of 1948, UNESCO Universal Declaration on Cultural Diversity in 2001, and the UN Declaration on the Rights of Indigenous Peoples of 2007, emphasize the protection and promotion of cultural diversity and the right to maintain and develop cultural heritage.
Overall, the protection of tangible culture, cultural practices, and one’s ability to engage in their cultural communities is essential to the protection of human rights as a whole.
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