Communities’participation and the road through a human right to cultural heritage

Abstract

Cultural heritage law has been disengaged from cultural rights recognized in international human rights instruments. Multicultural policies, the promotion of cultural diversity and the recognition of multiple cultural, ethnic and political identities have led to the right of heritage being discussed within the context of human rights. The participation of communities (especially of indigenous communities) in heritage management has opened the way towards the recognition of the right to cultural heritage as a human right. The Convention for the Safeguarding of the Intangible Cultural Heritage, the Faro Convention, the report of the independent expert in the field of cultural rights of the United Nations High Commissioner for Human Rights (OHCHR) are the most recent developments at the international level in the recognition of a right of access and enjoyment of cultural heritage. The Unesco conventions and other legal instruments developed in the 20 th century need to be updated in their interpretation and operation to include the effective participation of communities in areas such as repatriation, nomination, designation and heritage management.