Law and Heritage
Edited by Charlotte Waelde, Catherine Cummings, Mathilde Pavis and Helena Enright
Chapter 3: Protection and promotion of cultural heritage and human rights through international treaties: two worlds of difference?
The link between human rights and cultural heritage, in particular intangible cultural heritage, has been increasingly established. Despite the recognition of the link between cultural heritage and human rights, it should be noted that the two topics are laid down in different international treaties adopted within different intergovernmental fora. These treaties show interesting differences in terms of their nature and approach. This chapter analyses the similarities and differences between several treaties on human rights and on cultural heritage adopted at international and regional level. Attention is paid to the different nature of these treaties and the differences resulting therefrom in relation to several issues, such as the scope of application, rights and obligations, reciprocity, reservations, denunciation, and monitoring. This analysis shows that although human rights and cultural heritage are clearly linked as values and that the protection of cultural heritage has important human rights components, the international legal underpinning of these values is rather different.
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