Articulating and Advancing Cultural Rights Rachel Mullen Equality and Rights Alliance
Equality and human rights activism tends to take a narrow approach to advancing cultural rights. UN ICESCR: Academics and activists tend to focus almost exclusively on economic and social rights.
A first challenge: how do we broaden our focus regarding cultural rights?
Cultural rights in human rights law
Three categories: • Rights of the creators and transmitters of culture • Rights to enjoy the products of culture • Rights to participate in and contribute to cultural life and development
Cultural rights in human rights law
Article 1 of the ICESCR : “All peoples have the right to selfdetermination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development�
Defining “Cultural Life” “Culture is no longer an expression of knowledge or demand for recreational activities as consumer goods. But reflects a way of being and feeling, in short, the community‟s way of life and thought” UN committee on ESCR 1992
“a way of being and feeling, in short, the community’s way of life and thought” A second challenge: how to articulate and give life to areas that largely involve unconscious processes?
Levers for advancing cultural rights • Govt examination under the UN ICESCR • Constitutional Convention decision in favour of amending Constitution to protect ESC Rights • Irish Human Rights and Equality Commission first strategic plan • IHREC Bill: proposed public sector equality and human rights duty
Public sector equality and human rights duty • The duty set out in the Bill requires public bodies to “have regard to” the need to eliminate discrimination, promote equality of opportunity and protect the human rights of its employees and service users
Public sector equality duty: NI Arts Council NI Arts Council Equality Action Plan POLICY AREA – ACCESS AND PARTICIPATION • Objective – Increase access and participation of (protected equality) groups in the arts Ground (Age- Older People) Supporting evidence: • Evidence shows that attendance and participation in arts events declines with age. • Some older people face distinct barriers which inhibit their engagement • Inequality or Issue to be addressed: • Increase attendance and participation of older people in the arts.
Public sector equality duty: NI Arts Council • • • • •
Action Measures Performance Indicators Outcomes Timescale for Implementation Named persons/dept responsible
• A challenge for artists and equality and human rights activists to work collectively to articulate and give life to cultural rights • If we do not take on the challenge and responsibility to articulate cultural rights in the broadest sense, then the powerholders will continue to be the arbiters of what constitutes „culture‟ „cultural life‟ and „cultural participation and dev‟
Questions for facilitated discussion 1. How might artists and those working to address inequality, social exclusion and human rights abuses, work collectively to scope out and articulate cultural rights in the broadest sense? 2. How might artists and equality and human rights activists ensure that cultural rights issues and concerns are inserted into areas for opportunity mentioned?