The judicial and legal framework of culture. Cultural Rights

Abstract

After the recognition, firstly, of civil and political rights, then of economic, social and cultural rights, there was a need to proclaim and recognise, in both international treaties and in more recent constitutional texts, the so-called third-generation rights, also known as “rights of solidarity” or “rights of the people”. This paper analyses the possibility of affirming cultural rights as human rights, their effectiveness and justiciability, lastly giving some examples in compared cultural jurisprudence.