Standing and Collective Cultural Rights

Martinus Nijhoff Publishers
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Cultural Rights as Collective Rights: An International Law Perspective, 2016, 7 pp. 272 - 287
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The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of the group. The re-emergence of cultural human rights through an emphasis on access to justice exposes a multiplicity of rightholders, often with competing and conflicting interests which courts are increasingly called on to resolve.
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