Tangible Cultural Heritage and International Human Rights Law

2013 ◽  
Author(s):  
Roger O'Keefe
2018 ◽  
Vol 25 (1) ◽  
pp. 11-34
Author(s):  
Bahar Aykan

Abstract:This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.


Author(s):  
Lucas Lixinski

This chapter focuses on the way international heritage law applies across time, and the mismatch between community and state expectations of these relationships between heritage and time. While it often relies on time as a means to define heritage, international heritage law has in many respects a difficult relationship with Chronos. From the age of heritage down to the non-retroactivity of treaties which essentially resets the clock on a number of heritage disputes and injustices, the temporal application of international heritage law plays a significant role in shaping what is permissible heritage, and how the law addresses heritage. The chapter uses genocide’s relationship to cultural heritage as a means to examine how heritage plays roles before, during, and after major events, in ways that the law does not always capture constructively. Lastly, it queries the potential of international human rights law to address international heritage law’s shortcomings in this area.


Author(s):  
Hausler Kristin

This chapter assesses the treaty provisions allowing non-State actors to exercise their right to access and enjoy cultural heritage and also those which provide them with a seat at the cultural heritage governance table. Following developments in international human rights law, in particular with regard to Indigenous peoples, cultural heritage treaties have eventually recognised the participation of communities and groups in the management of cultural heritage. While a fully effective and inclusive participation and cooperation is far from being achieved, this chapter acknowledges the steps moving away from a strictly top-down approach within cultural heritage governance.


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