Protection of Minorities' culture and cultural rights under the Light of CESCR's General Comment NO.21

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī. 2017;19(56):9-32 DOI 10.22054/QJPL.2017.11166.1262


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Journal Title: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī

ISSN: 2345-6116 (Print)

Publisher: Allameh Tabataba'i University Press

Society/Institution: Allameh Tabataba'i University

LCC Subject Category: Law: Islamic law

Country of publisher: Iran, Islamic Republic of

Language of fulltext: Persian

Full-text formats available: PDF



mostafa fazaeli
moosa karami


Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 8 weeks


Abstract | Full Text

Cultural Rights (CRs) are the most non-developed rights among human rights in the terms of normative content, the scope of implementation and legal enforceability. In this regard, the right of minorities and persons belonging to these groups to participate in their own life has been affected and neglected more seriously. On 21 December 2009, the Committee on Economic, Social and Cultural Rights (CESCRs) adopted General Comment No. 21 on the right of everyone to take part in cultural life that could be accounted as a reference point in the protection of culture and cultural rights of minorities. In this Comment, the CESCRs gives solid substance to the norm through clearly defining its content and scope, the beneficiaries and the nature of the right, and the range of obligations it imposes on State Parties for its implementation; as such it could serve as a potential pillar for the protection, preservation, and promotion of minorities' culture, and consequently, CRs. The present study aims to investigate the achievements of General Comment No. 21 of CESCRs for the protection of culture and cultural rights of minorities.