Cultural rights class

What characterized the International Bill of Rghts (IDHR, ICCPR, ICESCR)?

• Universalism and liberalism

• Predominance of social rights

• Predominance of strong cultural rights

• Cultural relativism

Which are the so-called first generation human rights?

• Socio-economic rights

• Cultural rights

• Civil and/or political rights

• Natural rights

Most human rights today are:

• Absolute

• Individual

• Collective

• Social

 

Positive law is:

• The opposite of natural law

• Law that creates only obligations

• The totality of laws and case-law in a country

• Synonimous with case-law

Human dignity is:

• Usually a right and not a principle

• Considered the source of human rights

• Present in all constitutions

• Present in most European human rights treaties

Minority rights:

• Are synonymous with cultural rights

• Are all collective rights

• Have emerged in the 1990s

• Are mostly formed of individual rights

Indigenous rights:

• Can be granted to any minority

• Can include a collective property right

• Are mostly about language rights

• Can be found in most international human rights instruments

The Framework Convention on the Protection of National Minorities:

• Is an EU treaty

• Is enforced also by the ECtHR

• Has been ratified by all countries who also joined the ECHR

• Contains provisions on intercultural dialogue

The following rights are usually considered as collective rights in most international HRs instruments:

• Freedom of association

• Right to self-determination

• Right to exist

• Freedom of assembly

Ethnic and national minorities in Europe:

• Have to be territorially condensed

• Are in a non-dominant position in their country

• Need citizenship of their state to claim minorities rights under the Framework Convention

• Are never transnational