Cultural Rights

Cultural rights have traditionally been referred to as part of the second generation of human rights, together with social and economic rights. The historical and traditional classification of human rights is as follows:
  • the first generation refers to civil and political rights;
  • the second generation comprises economic, social and cultural rights; and,
  • the third generation refers to collective rights.
There is no simple definition of the right to culture, though the right to express and enjoy one’s culture does exist. International legislation recognises, as cultural rights, the right to take part in cultural life; the right to enjoy the benefits of scientific progress and its applications; the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he/she is the author; etc.

Contrary to civil and political rights, which are immediately applicable and essentially based on the prohibition of States to do something (i.e., resort to torture, take actions that curtail freedom of speech, freedom of religion, or the right to vote, etc.), cultural rights tend to be considered as requiring States to take active and specific measures, such as legislation, policies or programmes, so that those rights can be realised. Their realisation is seen as progressive: “full economic, social, and cultural rights can be achieved only gradually. Resources and time may be required” [1], though it is also clearly stated that full rights should be reached over time, and that States have a legal obligation to take immediate and continued action to do so. Moreover, any action, whether legal or political, taken to diminish existing protections and levels of realisation of these rights should be prohibited.

All human rights are indivisible, interdependent and interrelated: the fulfillment of one right affects that of others. This is true in general as well as specifically, that is among all rights, and among or within categories of rights. Cultural rights are closely linked to social and economic rights, and the difference among all three is not always obvious. For instance, the right to education has been considered by different experts as a social, economic or cultural right.

In international human rights law, cultural rights are essentially protected by the International Covenant on Economic, Social and Cultural Rights (CESCR). This Covenant is monitored by the Committee on Economic, Social and Cultural Rights, which is composed of independent experts appointed by the United Nations. The Committee is responsible for monitoring the implementation of the Covenant by its States Parties. These States are required to submit regular reports on how they are implementing these rights. It should be stressed here that such information is provided through self-reporting and thus can be limited. The reports provided are examined by the Committee, which then elaborates “concluding observations” in which it addresses its concerns and recommendations. To date, the Committee is not enabled to consider individual complaints against States Parties, though a draft Optional Protocol, under consideration, could provide the Committee with the jurisdiction to do so [2].

1. McChesney, A., Promoting and Defending Economic, Social and Cultural rights, AAAS/HURIDOCS, Washington, DC, 2000, p. 18.

2. For further information, please refer to the web site of the OHCHR, www.ohchr.org/english/bodies/cescr/index.htm.