Judicial protection of the right to cultural identity in the light of the case law of the European Court of Human Rights and the case law of Iran

Danesh Nari, Zahra; حبیب نژاد, سید احمد

doi:10.22034/mral.2021.541019.1212

Judicial protection of the right to cultural identity in the light of the case law of the European Court of Human Rights and the case law of Iran

Document Type : Case Study

Authors

Zahra Danesh nari ¹

سید احمد حبیب نژاد ²

¹ University of Tehranدانشگاه صدرا

² Associate Professor, Department of Public Law, University of Tehran, Farabi college, Qom, Iran.

10.22034/mral.2021.541019.1212

Abstract

Cultural rights, along with economic and social rights, are in the second generation of human rights. Despite the development of economic and social law in the second generation, cultural law, unlike its counterparts, has not grown much. One example of cultural rights is the right to cultural identity, which means the recognition of distinct cultural identities. Although this right is not explicitly recognized in the European Convention on Human Rights; But through some other articles of the treaty, such as Article 8 (right to privacy), Article 9 (right to freedom of religion) and Article 11 (right to form an association), the European Court has tried to recognize this right. Given the ambiguity in the nature of cultural rights, especially the right to cultural identity, judicial protection of this right is important in defining and recognizing the concept of this right. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

Keywords

Cultural Law

Cultural Identity

European Court of Human Rights

Judicial Procedure

European Convention on Human Rights

Subjects