L’evoluzione del diritto di partecipare alla vita culturale e del concetto di diritti culturali nel diritto internazionale

The Universal Declaration of Human Rights, the International Co¬venant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights provide some articles protecting cultural rights. Nevertheless at the time of their adoption this category of rights was extremely underdeveloped compared to others human rights. Over the years the concept of cultural rights has known a significant evolu¬tion due to studies of some important scholars, such as the members of the Fribourg Group. The interpretation of the right to take part in cultural life, recognized in Article 15, para. 1(a), of the International Covenant on Economic, Social and Cultural Rights, is emblematic. During its Travaux préparatoires culture was approached from a materialistic and narrow vi¬sion which was focused on art, literature, music. From the 90’s the Interna¬tional Committee on Economic, Social and Cultural Rights started adopting an anthropologic concept of culture emphasising the link between culture and human identity. The General Comment 21 of the Committee completely adopted this perspective opening some new important ways for the protect¬tion of cultural rights. In this occasion the right to cultural identity and others cultural rights, broadly understood, are identified as components of the right to take part to cultural life.