« Previous | Contents | Next »
Listen
Annex D
Existing rights legislation
Discussion paper: Existing legislation and approaches to cultural rights
Aspects of cultural rights are already reflected in existing international conventions on human rights and education.
Cultural rights as human rights
The UK is a signatory of the UN Universal Declaration of Human Rights (1948) which contains several explicit articles on cultural rights including:
everyone has the right freely to participate in the cultural life of the community, to enjoy the arts… (Article 27). This article also affords the right to protection of artistic production.
everyone, as a member of society… is entitled to the realisation.. of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. (Article 22)
everyone has duties to the community in which alone the free and full development of his personality is possible (Article 29)
Thus the rights of the individual are clearly laid out.
The Declaration of the Principles of International Cultural Co-operation ( UNESCO, 1966) also states that:
every people has the right and the duty to develop its culture (Article 1)
in their rich diversity and in the reciprocal influences they exert on one another, all cultures form part of the common heritage belonging to all mankind. (Article 1)
These clearly present collective rights in a community context.
The UN Convention on the Rights of the Child1 treaty (1989) spells out the basic rights that children everywhere - without discrimination - have, including:
the right to survival;
the right to protection from harmful influences, abuse and exploitation;
the right to develop personality, talents and mental and physical abilities to their fullest potential;
the right to participate fully in family, cultural and social life
Article 31 of the Convention specifies the child's right to "rest and leisure, to engage in play and recreational activities … and to participate freely in cultural life and the arts." Under this article signatories are required to "respect and promote the right of the child to participate fully in cultural and artistic life and … encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity."
Article 30 states that in those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.
The Rights of the Child also include a right to personal and cultural identity (Article 8) and freedom of expression (Article 13). 2
Specific obligations of states to citizens
The International Covenant on Economic, Social and Cultural Rights builds on the UDHR and places cultural rights in the framework of the obligations of states to their citizens. Under the terms of the Covenant:
States Parties to the present Covenant recognise the right of everyone to take part in cultural life;
the steps taken by the States Parties … to achieve full realisation of this right shall include those necessary for the conservation, the development and diffusion of science and culture;
Thus signatories have a legal duty to ensure diffusion, development and sustainability of culture.
EU stance on cultural rights
The European Union recognises the "universality, indivisibility, interrelation and interdependence" of all human rights. Civil and political rights and economic, social and cultural rights are seen as mutually reinforcing, based on common pre-conditions and common basic assumptions and principles. These are:
the recognition of the dignity of mankind
the equality of all human beings
the principle of non-discrimination
the social inclusion of all persons, ethnic groups and races.
Although economic, social and cultural rights are generally recognised by EU member states, their full and universal implementation has proved difficult to achieve due to the inconsistency of attention paid by different member states. However, at the Millennium Summit (2000), the EU expressed willingness to support any initiative of the High Commissioner for Human Rights aimed at achieving the universal enjoyment of economic, social and cultural rights. The EU agrees that economic, social and cultural rights need to be considered further in the framework of international conferences. 3
UK approach to cultural entitlement
The UK Departments for Culture, Media and Sport and for Education and Skills are working to develop cultural and creative entitlements to be applied via the National Curriculum (so this will not apply in Scotland).
The aims of the entitlements have been expressed as boosting demand and supply for culture among young people, with specific outcomes:
For Young People:
increased educational attainment, creativity, self-confidence and enjoyment of school life
Increased knowledge and appreciation of arts and culture
Increased communication and creative thinking skills
For teachers and schools:
For "cultural and creative professionals":
« Previous | Contents | Next »