from todays HERALD...
Cultural rights bill ‘may be impractical’
PHIL MILLER, Arts Correspondent September 23 2004
A REPORT for Scotland's Cultural Commission suggests the idea of "cultural rights", a key part of the organisation's remit, may not be suitable to be enshrined in law.
Instead, granting certain "cultural freedoms" may be more appropriate. However, what freedoms Scots would have has yet to be decided.
Frank McAveety, the culture minister, has said that after the commission's final report is published next year, a culture bill could be published by 2007 "if legislation is required".
The latest report, the Brief on Cultural Rights, was written by Rachel Blanche, a member of the commission staff, after attending a recent conference on cultural rights in Barcelona. It is not prescriptive but suggests ideas and concepts.
Ms Blanche found that current thinking on the subject suggested that the idea of "cultural rights" may not be enforceable by law.
In a section on the current thinking on the subject at Unesco, the cultural wing of the United Nations, she writes: "From a legal perspective it might be more practical for states to grant 'freedoms' rather than 'rights'.
"The implications of legal language used has to be considered carefully. For instance, if there was a 'right' to cultural identity, people could conceivably demand to be provided with a cultural identity!"
The definition and delivery of cultural rights are central to the commission's work, which is being led by James Boyle, the former chairman of the Scottish Arts Council.
The commission is trying to find exactly what Scotland's citizens are "entitled" to and how this could be translated into an enforceable scheme.
No country in the world has cultural rights enshrined in law, and Scotland would be setting an international precedent by doing so.
However, the report points out that Singapore gives citizens the "entitlements" to "enjoy air, water and nature" and to inherit "culture, language, religion, traditions and values".
The Singapore state is committed to enable "just government, sustenance, education, income, heritage and housing".
Last night, Ms Blanche said: "The point about the language used was one that was brought up at the conference."
"The important thing is that the commission is thinking about all the implications of cultural rights – and whatever the result is it will set an international precedent," she said. "This report gives some idea of current international thinking."
Unesco has a series of barometers of cultural diversity and identity including a declaration that "it is the state's duty to provide non-discriminatory access to culture, heritage, education and the arts".
They also include the protection of cultural property and of "creators, transmitters and interpreters of culture".
The commission's first interim report is due in October.
------------------------------------------------- a m b i t : networking media arts in scotland post: [EMAIL PROTECTED] archive: http://www.mediascot.org/ambit info: send email to [EMAIL PROTECTED] and write "info ambit" in the message body -------------------------------------------------
