The Relationship Between the Universality of Human Rights and the Right to Participate in the Cultural Life of Society

Abstract

The universality of human rights and the right to cultural participation, particularly within the context of cultural diversity, are relatively modern concepts that have attracted global attention since the second half of the twentieth century, following the adoption of the Universal Declaration of Human Rights in 1948. This issue has consistently been emphasized—and at times contested—in the fields of policymaking, theoretical discourse, and international judicial practice. In reconsidering individuals’ right to participate in the cultural life of society, it is first necessary to clarify the concept of the universality of human rights, since human rights, especially in the era of globalization, require respect for individuals’ cultural rights regardless of ethnicity, language, or race, and there is no fundamental dispute concerning their normative acceptance. The principal challenge, however, lies in the practical implementation of these rights by states, where respect for human and cultural rights, despite theoretical recognition, encounters serious obstacles due to political conflicts and divergent interpretations of law and humanity, and in some instances even shows signs of regression. This article examines the legislative and executive challenges associated with the right to cultural participation in social life at both national and international levels through analysis of international instruments and domestic regulations. Although the findings indicate weaknesses in the practical observance of cultural rights and participation in cultural life, no significant legislative gap appears to exist. Overall, the right to cultural participation may be regarded as one of the fundamental pillars of human rights, which, under contemporary global approaches, is increasingly being redefined, revitalized, and strengthened.