Taking a Human Rights Approach to Cultural Heritage Protection
Bibliographic Data
| ID | 2425103 |
|---|---|
| Authors | Janet Blake |
| Year | 2011 |
| Volume | 4 |
| Issue | 2 |
| Pages | 199-238 |
| Publication date | 2011-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Heritage & Society (JOURNAL) |
| Journal identifiers | ISSN: 2159-032X • E-ISSN: 2159-0338 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1179/hso.2011.4.2.199 |
| OpenAlex | W1984215757 |
| Language | EN |
| Citations received | 29 |
| References cited | 13 |
The linkage between human rights and cultural heritage law is of great importance, but it has not been sufficiently examined in the literature, particularly by human rights specialists. There are obviously several elements and characteristics of cultural heritage that have strong human rights dimensions (negative as well as positive), in particular its role in cultural identity formation and affirmation, its relationship to the tricky notion of cultural diversity, the problem of cultural traditions or practices that contravene human rights standards, and the potential of heritage to exclude and serve as the vehicle for expressing social and political tensions. It is essential to understand some fundamental characteristics of human rights as well as certain theoretical challenges that cultural heritage evokes, such as relativist positions and claims for collective rights. Cultural rights, although important, are not the sole human rights applicable to the protection of cultural heritage, and we need to judge the content and performance of existing international cultural heritage instruments against all the relevant human rights. Although recent cultural heritage law-making has responded increasingly to human rights requirements, its soft law character and the strong reservation of State sovereignty are limiting factors; hence, human rights can directly influence cultural heritage protection if well understood and applied
Cultural heritage · Cultural heritage management · Cultural identity · Cultural relativism · Cultural rights · Environmental ethics · Fundamental rights · Human rights · International human rights law · Law and economics · Linguistic rights · Political science · Politics · Right to property · Sociology · Sovereignty · Archaeological Research and Protection · Asian Geopolitics and Ethnography · Cultural Heritage Management and Preservation · Law · Philosophy
Cultural heritage education in conflict and post-conflict contexts
World heritage and social justice
Locally situated rights and the ‘doing’ of responsibility for heritage conservation and tourism development at the cultural landscape of Honghe Hani Rice Terraces, China
Children As Cultural Agents
“Blitzkrieg Against Black Magic”
Resistance Strategies of the Cek Bocek Indigenous Community Against the Exploitation of the “Old Graveyard” Cultural Heritage Site in Sumbawa, Indonesia
Everyday Heritage Activism in Swat Valley
Cultural Heritage Rights and Rights Related to Cultural Heritage
The Right to Cultural Heritage in International Law, with Special Reference to Indigenous Peoples’ Rights
The ICJ, Racial Discrimination, and the Protection of Cultural Heritage
Construire un foyer ukrainien au Portugal
The Archeologists, the Military and the Law
Impediments to a human rights-based approach to heritage conservation
Applying human rights discourse in cultural objects restitution
The fusion of law and ethics in cultural heritage management
Transnational turns for archaeological heritage
Mapping Heritage Education
Kültürel Mi̇rasin Korunmasinin İnsan Haklari Hukuku İle İli̇şki̇si̇ Ve Kültürel Mi̇ras Hakki
Cultural heritage and the International Court of Justice
Heritage and cultural healing
Collaborative experimentation in the urban process
Linking public health and heritage work
Approaching Human Rights at the World Heritage Committee
Illicit trafficking in cultural property as a human rights issue
Saving Hasankeyf
Human Rights-Based Approaches to World Heritage Conservation in Bagan, Myanmar
Heritage, Conflict, and Reconstructions
Heritage, Human Rights, and Social Justice
The Future of World Heritage and the Emergence of Transnational Heritage Regimes
| Unique citing works | 29 |
|---|---|
| Citations per year | 2,23 |
| Citation span | 2013 - 2026 (14) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 29 |