The Academic Events Group, 9th World Conference on Educational Sciences

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The Human Right to Cultural Heritage and the Liability for its destruction
Noemia Bessa Vilela, Bostjan Brezovnik, Zan Oplotnik

Last modified: 2017-03-31

Abstract


The question of the responsibility of the States for damages to the Cultural Heritage as an offense to the human collective must take in consideration that Heritage is a Human Right.

There is no doubt that in the field of Human Rights it is necessary to educate people to approach culture, and heritage are a Human Right.

In the last century, and after several worldwide attempts to declare, identify and protect heritage, we have found that, despite all measures ranging from the application of sanctions to States to the recognition of Heritage as belonging to Humanity hence, requiring the protection of States - and individuals - there is in fact no guarantee that what we know today, our Cultural legacy, will reach future generations.

This destruction, which has recently plagued Syria where most of the city has been destroyed, Afghanistan, with the destruction by the Taliban of the Bamyian Buddhas, and the Mosul museum, all humanity is condemned to a poorer existence, losing part Of the cultural identity of people.

In the absence of compliance with international treaties and agreements aimed at the preservation of cultural heritage, will there be a basis for the accountability of the one who  breached this Human Right as there is for many others?

There are currently no specific rules imposing santions on the responsibles. This difficulty of punishment is due to the fact that we are dealing not only with Heritage, but also with issues intrinsically related to the sovereignty of States.

It is necessary to construct clear, objective and applicable legal rules in these cases, moving from mere guidelines to effective sanctions.

 


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