6
18.
I thus respectfully set forth the grounds for my partly dissenting
opinion, announced in the operative section of the aforementioned judgment.
*
*
*
19.
Besides referring to my dissenting opinion, I believe it appropriate to refer to
the right to cultural identity, which is mentioned several times in the text of the
aforementioned Judgment and with which I fully concur.
20.
In this regard, in my view, among the various definitions of culture, one that
stands out defines it as the set of distinctive spiritual and material, intellectual and
emotional traits of a society, a social group or an individual and which, in addition to
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
3
See Preamble of UNESCO’s Universal Declaration on cultural diversity.
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