International Human Rights and Intangible Cultural Heritage

This chapter is the first in the second part of the book, focusing on remedies for ICH safeguarding. The chapter focuses specifically on the potentials and pitfalls of using international human rights law to safeguard intangible heritage. The chapter argues that, while human rights law is a useful tool, to the extent the protection of intangible heritage is often justified in relation to cultural identity, it disregards the important group dimension of ICH. It looks at case law from regional courts and UN treaty bodies with respect to cultural identity issues to enquire whether international human rights adjudication can be used as a means to redress harm to intangible cultural heritage. Cultural identity issues are dealt with not only as an autonomous right, but also with respect to rights such as freedom of expression, freedom of religion, equality, and the right to private and family life, among others.