PROTECTION OF INTANGIBLE CULTURAL HERITAGE AS A COMPONENT OF HUMAN RIGHTS PROTECTION

Abstract

The article examines the problem of intangible cultural heritage protection in the context of human rights protection. The relationship between intangible cultural heritage and human rights is substantiated, in particular, the fact that the very feature of intangible cultural heritage as a fundamental element of the identity of its creators and bearers implies corresponding consequences from the point of view of the protection of cultural human rights. It is shown that the implementation of the provisions of the International Covenant on Civil and Political Rights requires that the collective rights of the community, of which the relevant persons are members, are properly protected. The protection of intangible cultural heritage is an important prerequisite for ensuring the effectiveness of certain human rights for the benefit of relevant individuals and communities. From a practical point of view, this means requiring states to ensure that such individuals and communities have adequate access to their intangible cultural heritage and participate in its management. It is shown that this means an obligation not only to avoid direct interference by public officials in the use of their intangible heritage by the communities and individuals concerned, but also to create appropriate conditions to ensure the specific and effective use of the heritage by such communities and individuals, in the light of their specific expectations and needs. In the opinion of the author, the state policy in the field of protection of intangible cultural heritage has insufficient tools and seems to be insufficient to ensure appropriate protection of features of intangible heritage. It was determined that the international community cannot tolerate cultural manifestations that turn into effects that are absolutely unacceptable in light of the primary value of human dignity. According to the author, it is very important that any manifestation of intangible cultural heritage is compatible with several basic legal norms that reflect values, the fundamental characteristic of which prevails even the value of cultural diversity. It is necessary, in particular, that any cultural expression complies with human rights norms. However, this does not mean that no deviations from internationally recognized human rights can be accepted in the name of cultural diversity.