NAMING AND NORMING THE SAFEGUARD OF ICH: AT THE CROSSROADS OF CULTURAL RIGHTS AND HERITAGE LAW
NAMING AND NORMING THE SAFEGUARD OF ICH: AT THE CROSSROADS OF CULTURAL RIGHTS AND HERITAGE LAW

Summary/Abstract: The authors of this article explore the true normative scope of safeguarding Intangible Cultural Heritage (ICH), responding to critiques stating that the 2003 UNESCO Convention is ineffective in protecting vulnerable communities such as the Roma or Rohingya. Commonly asked questions – e.g., “How does the Convention safeguard their heritage?” – prompt a broader legal reflection. The authors argue that ICH is not governed solely by the 2003 Convention but also by cultural rights enshrined in human rights law. The interplay and divergence between these two frameworks is examined: the horizontal, diplomatic nature of the UNESCO Convention versus the vertical, authoritative dynamic of cultural rights. Despite differing regulatory approaches and terminologies, both fields show growing normative overlap. After 20 years of the 2003 Convention and 60 years of cultural rights development, the authors call for a more integrated legal approach, highlighting the need to connect cultural heritage law and human rights law more explicitly to strengthen the safeguarding of ICH through a rights-based lens.

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