Collective cultural rights in Asia: recognition and enforcement

Logan, William 2016, Collective cultural rights in Asia: recognition and enforcement. In Jakubowski, Andrzej (ed), Cultural rights as collective rights: an international law perspective, Brill Academic Publishers, Leiden, The Netherlands, pp.180-203.

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Title Collective cultural rights in Asia: recognition and enforcement
Author(s) Logan, William
Title of book Cultural rights as collective rights: an international law perspective
Editor(s) Jakubowski, Andrzej
Publication date 2016
Series Studies in intercultural human rights
Chapter number 8
Total chapters 14
Start page 180
End page 203
Total pages 24
Publisher Brill Academic Publishers
Place of Publication Leiden, The Netherlands
Keyword(s) human rights
cultural rights
collective rights
cultural heritage
Asia
Summary This paper focuses particularly on how the notion of collective cultural rights is understood in Asia and how such rights are recognized in law and enforced through governmental policy. The discussion links the notions of cultural rights and cultural heritage, drawing inspiration from Comment No. 21 of the Committee on Economic, Social and Cultural Rights (2009) which asserts that everyone has the right to take part in cultural life and that “the obligations to respect and to protect freedoms, cultural heritage and cultural diversity are interconnected.” Efforts to protect and enhance human rights can only take place within states, and the record in Asian countries is very mixed. First and second generation human rights, with their emphasis on the individual, are sometimes regarded as Western in origin and character, while third generation collective cultural rights have been closely associated with Indigenous peoples, commonly living as minorities within European settler societies in the New World. Unlike Europe, Africa and the Americas, Asia does not have a regional intergovernmental human rights charter. Using case studies of China, Myanmar, Thailand and Vietnam the paper seeks to show why there is no Asian charter and asks what would it look like if there was one.
ISBN 9789004312012
Language eng
Field of Research 210202 Heritage and Cultural Conservation
Socio Economic Objective 950399 Heritage not elsewhere classified
HERDC Research category B1 Book chapter
Copyright notice ©2016, Brill Academic Publishers
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083420

Document type: Book Chapter
Collection: Alfred Deakin Research Institute
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