Culture Counts Consultation Response: A Human Rights Bill for Scotland
Culture Counts response to the consultation on the Human Rights Bill for Scotland
Culture Counts is a network of over 70 arts, heritage and creative industries organisations. Our members are largely representative bodies, as well as some events and performing companies.
We have focused our response on providing comment on the proposed inclusion of a right to cultural life within a Human Rights Bill for Scotland and specifically what form this could take and how this could impact both individuals and the culture sector.
We would be willing to be further engaged in this process as the Bill develops.
What is meant by a right to cultural life
Within the context of the bill, a clear definition of what is meant by a right to cultural life would be helpful, as would information on the proposed scope of cultural rights within the Bill.
In Culture Counts’ view, having a right to cultural life should include that: Individuals and communities have the fundamental human right to engage in, preserve, and enjoy their cultural practices, traditions and heritage. A right to cultural life should encompass the freedom to participate in cultural activities, express cultural identity, and access cultural services, spaces and resources without discrimination.
This right is important as it recognises the central role that culture plays in the lives of Scottish people and society and underscores the importance of preserving and promoting cultural assets, identities and diversity.
The right to cultural life should include:
• That individuals have the right to participate in cultural activities, including but not limited to music, art, dance, language, and religious practices and the freedom to engage in cultural expressions that are meaningful to them.
• The preservation of cultural heritage, including tangible and intangible aspects of culture such as safeguarding historical sites, artifacts, traditional knowledge, and practices that hold cultural significance.
• People have the right to access cultural resources and spaces, such as museums, libraries, theatres, cultural events, services, and educational programmes.
The freedom to express one's cultural identity and beliefs without fear of discrimination or suppression. Including the right to use one's language, engage in cultural celebrations, and express cultural identity through various forms of creative expression.
• Cultural life should be enjoyed without discrimination based on factors such as race, ethnicity, gender, or any other characteristic. All individuals and communities should have an equal opportunity to engage in and enjoy their cultural practices.
• The importance of cultural exchange and dialogue between different cultural groups promoting understanding and appreciation of diverse cultures, fostering social harmony.
• The right of individuals and communities to participate in decision-making processes that affect their cultural practices or heritage including consultations on cultural matters and the protection of cultural sites.
• To ensure that culture is accessible, with disability, marginalisation, geography, and income being particular barriers.
• The language should be clear, concise, and consistent with international human rights standards.
Including cultural rights in a Human Rights Bill for Scotland
Having cultural rights within a human rights bill means that the government formally acknowledges the importance of culture and cultural diversity and commits to upholding the rights of individuals and communities to express, preserve, and enjoy their cultural identities and diversity. Protecting these rights will ensure that different cultural identities can thrive and coexist peacefully. It is important as provides a legal foundation for the protection and promotion of cultural rights within Scotland’s legal system.
• The inclusion of cultural rights acknowledges that our society is composed of diverse cultural groups, each with its own customs, traditions, languages, and ways of life. It recognises that cultural diversity is a valuable aspect of our society.
• Cultural rights are integral to human dignity and individual identity.
• Respecting cultural rights fosters tolerance and understanding among different cultural groups and could help combat discrimination.
• Cultural rights protect the ability of individuals and communities to maintain and express their cultural identity without fear of discrimination or oppression. This includes the right to practice one's religion, speak one's language, engage in cultural activities, and pass down cultural traditions to future generations.
• Cultural rights encompass the freedom to express cultural identity through art, music, literature, and other forms of creative expression. It safeguards the right to participate in cultural activities and engage in cultural exchanges.
• Cultural rights should encompass the protection of cultural heritage, including historical sites, artifacts, and intangible cultural practices.
• Cultural rights should include the right to participate in decision-making processes that affect one's cultural community include being consulted.
• Including cultural rights in a human rights bill, signifies that the government has a responsibility to protect and promote these rights and develop and adopt policies and measures that respect and support cultural diversity and individual cultural rights.
• The Universal Declaration of Human Rights includes the right to culture, which extends to the environment, including buildings, monuments, and natural and cultural landscapes which are part of individual and community identities.
The inclusion of the right to a healthy environment alongside economic, social, and cultural rights in a human rights bill reflects a broader recognition of the interconnectedness of these rights and emphasises a more comprehensive approach to human rights protection. It can contribute to greater legal accountability, environmental protection, and the overall well-being of individuals and communities.
• The procedural element of the right should meet Aarhus requirements, including access to environmental information, public participation in environmental decisionmaking, access to justice and effective remedies.
• Cultural rights should include the right for all people to have access to cultural services, including museums, libraries, theatres, cultural events, services, and educational programmes.
• Within the proposed bill it is unclear if there has been thinking around the entitlement that arises from the assertion of rights.
• Culture Counts is interested in how having a Human Rights Bill with a right to cultural life could relate or progress to a Culture Bill.
The potential impacts on the culture sector of having a right to cultural life in a Human Rights Bill
The inclusion of a right to cultural life in a human rights bill could have wide reaching impacts on the culture sector. These impacts are generally positive and emphasise the recognition, preservation, and promotion of cultural diversity, artistic expression, and the well-being of individuals and communities.
• The presence of a right to cultural life in a human rights bill legitimises cultural activities, practices, and expressions as fundamental human rights which could elevate the status of culture within society.
• The government should be encouraged to allocate resources and implement policies aimed at preserving cultural heritage, traditions, and artistic expressions. This includes protection of historical sites, cultural artifacts, and intangible cultural heritage.
• Cultural policies that support cultural diversity and the rights of individuals and communities to engage in cultural activities, recognising the role of culture in social and economic development could be developed.
• Cultural rights promote access to cultural education, resources, and institutions which could encourage the development of cultural activities and educational programmes.
• The right to cultural life could foster cultural diversity and inclusivity within the culture sector encouraging the recognition and celebration of cultural expression and promoting cultural exchange and dialogue among different cultural groups and stimulate creativity and innovation within the culture sector.
• Cultural rights empower communities to actively participate in cultural life and influence decisions that affect their cultural practices and heritage.
The implementation of including a right to cultural life within a Human Rights Bill
It would be useful to understand more about how the right to cultural life could be implemented and what this means for individuals and specifically for the culture sector.
• Important to have a timeline for introducing cultural rights as implementation may require time and resources.
Clearly outlining the responsibilities and obligations of the government in protecting and promoting cultural rights such as developing cultural policies, allocating resources, and ensuring cultural diversity across public institutions/services.
• A further understanding of the responsibilities and obligations of others in a right to cultural life such as local government, education, health as well as the culture sector.
Q - Will there be minimum core obligations, or are there different obligations for those in receipt of public funding for example?
Q - What is planned in terms of further consultation. o
Q - Are there priorities and essential aspects of cultural rights that the government must immediately protect and fulfill, regardless of resource constraints?
• Important to provide training and capacity-building to ensure understanding and that cultural rights can be upheld effectively.
• Important to have public awareness campaigns to inform people about their cultural rights and the obligations of the government and others in upholding these rights.
Q - What are the legal mechanisms and remedies by which compliance will be enforced?
Q - What are the legal mechanisms and remedies for individuals and communities to seek redress in case their cultural rights are violated?
• Important to ensure there are methods for gathering data and evaluating impacts from the outset.
• There should be a review process to address evolving cultural contexts and emerging challenges for individuals and the culture sector.
• How does this align with UK and EU Law in this area and are there any conflicts? Ensure that the right to cultural life is consistent with international human rights standards, such as those outlined in the Universal Declaration of Human Rights and relevant international treaties. Encouraging international cooperation and exchange of best practices in the protection of cultural rights would be useful.
The benefits of including cultural rights in a Human Rights Bill
Incorporating cultural rights into a human rights bill is a way to recognise and protect the fundamental rights of individuals and communities to freely practice and celebrate their cultures. It promotes the idea that cultural diversity is a valuable asset that should be cherished and safeguarded for the benefit of all members of society. It can also contribute to the protection and promotion of cultural diversity and individual and collective well-being.
• Cultural rights preserve cultural diversity and protect the unique customs, traditions, languages, and practices of various cultural groups within society.
• Recognising and respecting cultural rights can foster social inclusion and cohesion.
• Protecting cultural rights encourages communities to engage in cultural exchange and learning.
• Cultural rights are particularly important for indigenous peoples and historically marginalised communities. These groups often have distinct relationships with their lands, languages, and traditions. Protecting their cultural rights acknowledges historical injustices and supports their right to self-determination.
• The inclusion of cultural rights in a human rights bill could increase advocacy and public awareness of the importance of culture leading to greater support for cultural initiatives and the culture sector.
By including these rights in a human rights bill, the country can align itself with global human rights standards.
• Inclusion of cultural rights in a human rights bill provides individuals and communities with legal remedies when these rights are violated which empowers people to seek redress through the legal system if they experience cultural discrimination, cultural suppression, or marginalisation.
• Cultural rights can stimulate creativity and innovation by allowing individuals and communities to express themselves through their cultural practices leading to artistic, intellectual, and economic contributions to society.
• Respecting cultural rights can contribute to developing inclusive policies that protect cultural rights.
• Cultural rights play a crucial role in the preservation of cultural heritage, including historical sites, artifacts, and intangible cultural practices. This helps ensure that future generations can continue to appreciate and learn from their cultural legacies.
Challenges for the culture sector in including cultural rights in a Human Rights Bill
While the recognition of a right to cultural life has numerous positive impacts and is important for the protection and promotion of culture, cultural diversity and identity and individual well-being, it may also pose challenges, particularly in its implementation, such as balancing cultural rights with other human rights, addressing cultural conflicts, and allocating resources for cultural preservation and promotion. Effective implementation, education, and collaboration among various stakeholders are essential for realising the potential benefits of cultural rights in the culture sector.
• Funding for the cultural sector is currently very limited, with budgetary constraints and financial instability in the culture sector. Any additional requirements on cultural organisations will need adequate resourcing. Prioritising cultural rights alongside delivery of core activity and other pressing social and economic needs will be impossible within current resource levels.
• Not all individuals have equal access to cultural education, resources, and institutions, limiting opportunities for cultural participation and understanding. Important to ensure that culture is accessible, with disability, marginalisation and income being particular barriers.
• Striking a balance between globalisation, which can bring new opportunities, and localisation, which emphasises preserving local culture, is likely to be a complex challenge.
• Need to develop effective cultural policies that support cultural diversity, creativity, and access to culture can be challenging for governments.
• There is potential for the homogenisation of cultures, erasing traditions and languages. Which we may have already seen with Gaelic – Rhoda Meek article:
https://www.thenational.scot/politics/23809267.saving-soul-gaelic-will-harder-savinglanguage/
• Cultural rights could conflict with other human rights, such as gender equality, freedom of speech, child protection, or freedom from discrimination, and the right to education. Balancing these conflicting rights could be challenging, as cultural practices may perpetuate discrimination or restrict individual freedoms.
• Where cultural rights are included in a human rights bill, the enforcement and implementation of these rights could be difficult. It may require educating authorities and organisations, raising awareness, and developing mechanisms for redress when violations occur.
Lori Anderson, Director
Culture Counts