This chapter examines the concept of culture and the place of cultural rights within the broader framework of international and European human rights law. It distinguishes cultural rights in the narrow sense from fundamental rights that contain a cultural dimension, explaining why cultural rights have remained conceptually underdeveloped compared to other categories of human rights. The chapter analyzes competing definitions of culture and maps the individual and collective dimensions of cultural rights, highlighting their close connection to human dignity and cultural identity. It further addresses the long-standing tension between the universality of human rights and claims of cultural relativism, arguing that European human rights law adopts a model of culturally sensitive universality through doctrines such as the margin of appreciation. Finally, the chapter reviews the international, European Union and Council of Europe legal frameworks relevant to cultural identity protection and situates the European Court of Human Rights as a central forum for adjudicating cultural identity claims in multicultural European societies.

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Culture, Cultural Rights and the Cultural Dimension of Human Rights

  • Nikolaos Gaitenidis

摘要

This chapter examines the concept of culture and the place of cultural rights within the broader framework of international and European human rights law. It distinguishes cultural rights in the narrow sense from fundamental rights that contain a cultural dimension, explaining why cultural rights have remained conceptually underdeveloped compared to other categories of human rights. The chapter analyzes competing definitions of culture and maps the individual and collective dimensions of cultural rights, highlighting their close connection to human dignity and cultural identity. It further addresses the long-standing tension between the universality of human rights and claims of cultural relativism, arguing that European human rights law adopts a model of culturally sensitive universality through doctrines such as the margin of appreciation. Finally, the chapter reviews the international, European Union and Council of Europe legal frameworks relevant to cultural identity protection and situates the European Court of Human Rights as a central forum for adjudicating cultural identity claims in multicultural European societies.