5
arts, includes ways of life and of living together, value systems, traditions, and
beliefs. 3
21.
In the framework of international human rights law, the right to cultural
identity is still undergoing permanent construction and it is primarily dependent on
cultural rights.
22. In the regional framework of the Americas, Article XIII of the American
Declaration of the Rights and Duties of Man establishes that
[e]very person has the right to take part in the cultural life of the community, to enjoy
the arts, and to participate in the benefits that result from intellectual progress,
especially scientific discoveries.
He likewise has the right to the protection of his moral and material interests as
regards his inventions or any literary, scientific or artistic works of which he is the
author.
23. Article 14 of the Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights, the “San Salvador
Protocol,” sets forth that:
The States Parties to this Protocol recognize the right of everyone:
a. To take part in the cultural and artistic life of the community;
b. To enjoy the benefits of scientific and technological progress;
c. To benefit from the protection of moral and material interests deriving from any
scientific, literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to this Protocol to ensure the full exercise
of this right shall include those necessary for the conservation, development and
dissemination of science, culture and art.
3. The States Parties to this Protocol undertake to respect the freedom indispensable for
scientific research and creative activity.
4. The States Parties to this Protocol recognize the benefits to be derived from the
encouragement and development of international cooperation and relations in the fields
of science, arts and culture, and accordingly agree to foster greater international
cooperation in these fields.
24. As regards the American Convention, the right to cultural identity, while not
explicitly set forth, is protected in the treaty based on an evolutionary interpretation
of the content of the rights embodied in its Articles 1(1), 5, 11, 12, 13, 15, 16, 17,
18, 21, 23 and 24, depending on the facts of the specific case. In other words, the
right to cultural identity is not abridged every time one of said articles is breached.
25. Protection under Article 5 (Right to Humane Treatment) of the American
Convention, in combination with Article 10 (Right to Health) of the San Salvador
Protocol includes the right of the members of ethnic and cultural groups to use their
own medicine and traditional health practices, as well as the right of access to public
health institutions and medical care provided to the rest of the population, to ensure
their physical, psychological and moral wellbeing.
26. Protection under Article 11 (Right to Privacy) of the Convention includes the
right of the members of ethnic and cultural groups not to suffer arbitrary or abusive
3
See Preamble of UNESCO’s Universal Declaration on cultural diversity.