Suchergebnisse

Interdependence and indivisibility of human rights / by Asbjørn Eide -- The justiciability of socio-economic rights : experience and problems / by Frans Viljoen -- The status of the development of indicators for economic, social, and cultural rights with particular emphasis to the rights to education, participation in cultural life, and access to the benefits of science / by Audrey R. Chapman -- The applicability of human rights between private parties / by Christian Courtis -- Content and scope of the right to education as a human right and obstacles to its realization / by Fons Coomans -- The legal framework of the right to take part in cultural life / by Yvonne Donders -- Study of the right to enjoy the benefits of scientific and technological progress and its application / by William A. Schabas

Many Roma, gypsies and travellers live in caravans or trailers, sometimes in together trailer parks or camps. This article analyses how this specific lifestyle connected to their housing is protected under the various regimes and provisions of international human rights law. Home and adequate housing, as well as family life and private life, are clearly protected under international human rights law. Moreover, Roma, gypsies and travellers are considered vulnerable communities for whom special measures need to be taken. States are for instance obliged to take the specific cultural interests related to the housing of Roma, gypsies and travellers into account. Although there is no accepted right to be provided with a home of choice, these rights imply an obligation to provide suitable alternative housing in cases of forced removal and sufficient procedural guarantees. This article is based on an analysis of several provisions in international and European human rights treaties covering non-discrimination, housing, private life and family life, including their interpretation by treaty monitoring bodies.

The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that "the defence of cultural diversity is … inseparable from respect for human dignity" and that it " implies a commitment to human rights and fundamental freedoms". The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that "cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed" (Article 2[1]). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non‐discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.

Over the last decade, cultural diversity and the promotion and protection of cultural human rights have become important issues in the European context. States are trying to protect their national cultural identity within the European integration process, while at the same time several communities within States, such as minorities, indigenous peoples and immigrant communities, demand the promotion and protection of their cultural identity. The Council of Europe has established a human rights mechanism including the protection of cultural rights and rights of minorities. Within the European Union, the promotion and protection of human rights has slowly become a part of the internal policies, the latest step being the proclamation of the Charter on Fundamental Rights. However, the promotion of cultural diversity and of cultural rights or rights of minorities hardly play a role in this respect. Bearing in mind the possible inter-State implications that these issues may have, Member States should co-operate more closely and develop policies at the EU level in relation to the promotion and protection of cultural diversity.