Cultural Heritage through the Lens of Human Rights Bodies

This book asks, if and how international human rights law can offer a legal basis for the protection of cultural heritage. Against the backdrop of the Committee on Economic, Social and Cultural Rights’ General Comment No. 21 in 2009 and the 2011 thematic report of the Special Rapporteur in the field of cultural rights on access and enjoyment of cultural heritage, this book examines one possible answer – through international human rights bodies. To this end, the research reviews the pronouncements and work of selected human rights bodies, specifically the Human Rights Council, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. Organised along the threefold structure of “meaning”; “rights”; and “obligations”; it examines the meaning of cultural heritage, the relevant rights of individuals and persons belonging to minorities and Indigenous peoples, and the corresponding state obligations vis-à-vis cultural heritage. The book further assesses how human rights tools and mechanisms are used to protect rights relating to cultural heritage. The Series Editors Pierre Thielbörger is Professor of Public Law and International Law and the Executive Director of the Institute for International Law of Peace and Armed Conflict (IFHV) at Ruhr University Bochum (RUB). Hans‑Joachim Heintze is Professor of International Law at RUB.