Give a introduction for the topic how to preserve our indigenous culture
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C ultural rights are often called the
‘Cinderella’ of human rights because
of the limited attention that has
been paid to them. However, recent years have
witnessed more attention being paid to this area,
particularly in terms of the cultural rights of
minorities and indigenous peoples. Human rights
legal instruments refer to ‘cultural rights’ or ‘the
right to culture’ or the ‘right to take part in the
culture’. However, even these interchangeable
terms do not reflect the plethora of aspects that
the right to culture contains for minority and
indigenous peoples. Litigation has therefore
played a major role in determining and defining
the exact legal parameters of these concepts.
This chapter will outline the various key
international human rights legal standards that
may come into play when considering minority
and indigenous peoples’ cultural rights, and draw
on jurisprudence of international and regional
courts and quasi-judicial mechanisms, illustrating
how litigation, including Minority Rights
Group International’s (MRG) own legal cases
programme, has assisted in their development.
As will be shown, using litigation to develop the
right to culture has usually involved the right
being claimed in conjunction with other rights,
such as the right to language or the right to land,
rather than litigating the right to culture directly.
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