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Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives

Pok Yin S. Chow

ISBN13: 9789004328570
Published: February 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £194.00



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Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’.

In Cultural Rights in International Law and Discourse: Contemporary Challenges and Inter-disciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
I. INTRODUCTION
1.1. Clarifications on Scope and Approach
A. Distinction between minority rights and cultural rights
B. The relationship between cultural rights and other freedoms
C. The distinction between cultural rights and the protection of culture
D. Culture, anthropology and human rights
E. On defining culture

II. CULTURE AND ANTHROPOLOGY
2.1. Introduction
2.2. Sameness and difference
2.2.1. Culture, behaviour and thought
2.3. Forms of abstraction and forms of explanation
2.3.1. Culture as functional
2.4. Culture and the study of meanings
2.4.1. Interpreting culture
2.4.2. Culture and social processes
2.5. Meanings and practice: contemporary perspectives
2.5.1. Practice and the habitus
2.5.2. Habitus and the reproduction of power
2.5.3. Heritage, power and practice
2.6. Discourse and identity: the narrativization of the self
2.6.1. Identity and resistance: gender as an example
2.7. Conclusions

III. CULTURAL RIGHTS IN THE WORKS OF THE TREATY-BODIES
3.1. Introduction
3.2. UN human rights treaty-bodies
3.3. Cultural rights in the works of the treaty-bodies
3.3.1. Cultural rights and the CESCR
3.3.2. General principles governing article 15 of the ICESCR
3.3.3. Definitions of culture and derived obligations under article 15 of the ICESCR
3.3.4. Culture as high and popular culture
3.3.5. Culture as a way of life
3.3.6. Cultural identity
3.3.7. Cultural diversity
3.3.8. Survival of culture
3.3.9. Three-dimensions of culture
3.4. Insights of anthropology to the works of the treaty-bodies
3.4.1. The boundary of cultural rights
3.4.2. Implications of contemporary anthropology
3.4.3. Other uses of ‘culture’
3.5. Conclusions

IV. CULTURAL RIGHTS AND THE HUMAN RIGHTS TREATY-BODIES: THE LIMITATIONS ON CULTURAL RIGHTS
4.1. Introduction
4.2. The legal framework on the limitations on cultural rights
4.2.1. Gender discrimination and culture
4.3. ‘Culture’ in the context of limitations
4.3.1. Consequences of conflating culture with values, beliefs and stereotypical roles
4.3.2. Understanding the experiences of women through concepts of identity and subjectivity: anthropological perspectives
4.4. Conclusions

V. CONCLUSIONS: CULTURAL RIGHTS AND INSIGHTS FROM ANTHROPOLOGY
5.1. Introduction
5.2. Theories of culture in anthropology: from linear evolutionism to culture as narratives and discourse
5.3. The multiple dimensions of ‘culture’ in the context of cultural rights: from arts and institutions to process and symbols
5.4. Limitations on cultural rights: notions of choice and identity
5.5. Further implications: beyond legal narratives

Index.