Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System
Date：2023/11/18 14:14:41
Abstract: Previous decades have witnessed
the widespread use of human rights discourses in explaining cultural heritage
issues. The content of the cultural heritage right (a term used
interchangeably with “right to cultural heritage” in this text), and the
relationship between cultural heritage and human rights are diversely
demonstrated in international cultural heritage instruments and previous
studies. Some of them may overlap or even contradict each other, causing
confusion about the relevant concepts. This article aims to answer the twin
question: What is the relationship between the “right to cultural heritage” and
“rights related to cultural heritage”, which together comprise the cultural
heritage rights system? The main feature of cultural heritage is its spiritual
significance, which constitutes the basis of the human right to cultural
heritage. The core content of the right to cultural heritage is the right
to enjoy the intangible value of; meaning of; and interests inherent in
cultural heritage. The holder of the right to cultural heritage is
“everyone” – a concept so vague that it results in the intractable
tension between the right and the rights of states, communities, individuals,
Indigenous peoples, humanity as a whole, and so on. “Rights related to cultural
heritage”, which are not cultural heritage rights per se, include public
participation rights, the right to education, ownership rights, the rights to
a livelihood, development, human dignity, equality, and other basic human
rights. Some of them may promote the right to cultural heritage, while some may
conflict with or limit the same right.
Keywords: cultural heritage, cultural
heritage rights, human rights, community
Cite: DING Guangyu, ‘Cultural Heritage Rights and
Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights
System’, Santander Art and Culture Law Review 2/2023 (9): 167-190.
DOI: 10.4467/2450050XSNR.23.027.18647
Author: Ding Guangyu is a PhD student in
the Cultural Heritage Law Institution of Law School, Renmin University of
China. He holds a master's degree in law from Renmin University of China. He
majored in cultural heritage law and legal history. His research interests
include cultural heritage and human rights and public participation in cultural
heritage protection. He is the academic assistant of the UNESCO Chair in Cultural
Heritage Law and a visiting scholar at the Faculty of Law, University of
Technology Sydney, Australia. The early version of this article was presented
at the 1st Doctoral colloquium of 4 Universities Consortium on Cultural
Heritage Law, 2022, Sydney, Australia. The research for this article was funded
by the China Scholarship Council.
