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Negotiating Cultural Rights
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Negotiating Cultural Rights

Issues at Stake, Challenges and Recommendations

9781786435415 Edward Elgar Publishing
Edited by Lucky Belder, Senior Researcher, Renforce Research Programme, Europa Institute, Faculty of Law, Economics and Governance, Utrecht University, the Netherlands and Helle Porsdam, Professor of Law and Humanities and UNESCO Chair in Cultural Rights, University of Copenhagen, Denmark
Publication Date: 2017 ISBN: 978 1 78643 541 5 Extent: 240 pp
The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.

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Critical Acclaim
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The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book’s team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed’s reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development.

Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.

This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues.
Critical Acclaim
‘Negotiating Cultural Rights is a noteworthy addition to the literature on cultural rights. The value of the book resides primarily in presenting Shaheed’s personal narrative of her experience as Special Rapporteur, addressing her work in its entirety and complexity by analyzing all ten reports, and identifying future lines of inquiry that scholars (as well as the current Special Rapporteur) are invited to pursue
– Andrea Boggio, Human Rights Review

‘There are a growing number of scientific papers and publications analysing aspects of cultural rights, referring explicitly to and building on the work of the mandate. Of particular interest have been the publication of the commentaries on the Fribourg Declaration in 2010, the Wroclaw Commentaries in 2016 and Negotiating Cultural Rights in 2017.’
– Karima Bennoune, Human Rights Council (Report of the Special Rapporteur in the field of cultural rights )
Contributors
Contributors: S. Amin, L. Belder, Y. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock















Contents
Contents:

Introduction: Outlining the field of cultural rights and its importance
Lucky Belder and Helle Porsdam

1. The United Nations Cultural Rights Mandate: Reflections on the significance and challenges
Farida Shaheed

2. Implementing cultural rights (Nature, issues at stake and challenges) - Report 2010 (A/HRC/14/36)
Lotte Hughes

3. The right of access to and enjoyment of cultural heritage - Report 2011 (A/HRC/17/38)
Lucky Belder

4. The right to enjoy the benefits of scientific progress and its applications - Report 2012 (A/HRC/20/26)
Helle Porsdam and Matthias Mann

5. The enjoyment of cultural rights by women on an equal basis with men - Report 2012 (A/67/287)
Yvonne Donders

6. The right to freedom of expression and creativity - Report 2013 (A/HRC/23/34)
Shahira Amin

7. Corporate interests and artistic voices: the Plesner case
Stina Teilmann-Lock

8. History, memory and memorialization processes - Report 2013 – 2014 (A/68/296, 2013 and A/HRC/25/49, 2014)
Hanne Hagtvedt Vik

9. The impact of commercial advertising and marketing practices on the enjoyment of cultural rights - Report 2014 (A/69/286)
Dalindyebo Shabalala

10. Copyright policy and the right to science and culture - Report 2015 (A/HRC/28/57)
Fiona Macmillan

11. Patent policy and the right to science and culture - Report 2015 (A/70/279)
Jannice Käll

Index

This title is available for institutional purchase via Elgaronline.

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