The development of the human rights factor in cultural heritage protection: Interrelationships and new international legal trends

Аннотация

In the article, significant issues related to the protection of cultural heritage such as the development of the human rights factor, the interplay between of cultural heritage and human rights and new international legal trends in this direction are analyzed based on a diverse array of opinions in the legal literature, international documents and court practice. At this time, as the first direction, the mutual relations of cultural heritage and cultural rights, and as the second direction, the issues of determining the international legal bases of cultural heritage protection in international documents are defined. In the first direction, it is emphasized that the protection of cultural heritage in the modern era is assessed through the lens of cultural rights. This establishes a direct connection between the protection of cultural heritage and the provision of cultural rights. Strengthening the links between human rights and cultural heritage is crucial, particularly for safeguarding cultural heritage objects from real threats arising during armed conflicts. Damage or destruction of cultural heritage is a fundamental violation of human rights. Furthermore, the deliberate destruction of cultural heritage should be recognized as a violation of fundamental human rights and freedoms, particularly cultural rights. In the second direction, it is noted that the inseparable relationship between cultural heritage and cultural rights has broadened the normative framework for ensuring the legal protection of cultural heritage. The basics of ensuring the legal protection of cultural heritage, including international obligations in this field, are determined in general international normative documents on human rights. In those international documents, the provision of legal protection of cultural heritage is evaluated in the context of human rights. Then, by referring to specific international documents in this field, including the case law of the European Court of Human Rights, the development trends of these relations are determined.

Ключевые слова:

cultural heritage, cultural rights, international obligations, case law, armed conflicts, human rights, international law, international agreements, international cooperation