LAW42040

Cultural heritage is increasingly viewed as a human rights issue, yet the substance of the relationship between cultural heritage and human rights remains clouded in uncertainty.
This module sheds light on the nature, scope and limits of human rights vis-à-vis cultural heritage in international as well as comparative contexts. This involves dealing with the deliberate targeting of cultural heritage in times of conflict (e.g. Syria, Afghanistan, Iraq, Mali) but also with heritage under threat that is not in the spotlight and which may fall through the gaps of the institutional and normative framework dealing with heritage protection in peacetime (for example, as the result of major infrastructural development, resource extraction or energy projects).
After analysing the relevant legal framework (including UNESCO treaties, UN and regional human rights law, jurisprudence from international courts and committees), the module turns to analysing concrete case studies that exemplify some of the potential and pitfalls of articulating heritage protection in human rights terms. How have human rights approaches to cultural heritage influenced international justice? What are the synergies and antagonisms between culture, heritage, and human rights in practice? How have applicants attempted to use the human rights framework to protect heritage sites, and what are the mechanisms/barriers to accessing justice? These are just some of the questions addressed in this course.