KÜLTÜREL MİRAS HAKKI: KÜLTÜREL MİRASA İNSAN HAKLARI TEMELLİ GÜNCEL YAKLAŞIMLAR
CULTURAL HERITAGE RIGHTS: CONTEMPORARY HUMAN RIGHTS BASED APPROACHES TO CULTURAL HERITAGE

Summary/Abstract: In recent years, the right to cultural heritage has come to be included more and more within the framework of international conventions for the protection of human rights and cultural heritage. Furthermore, academic and professional circles have been increasingly considering the idea that practices limiting the access and enjoyment of individuals and groups who claim cultural heritage as part of their social identity should be treated as violations of human rights. This article aims to explore current academic debates on cultural heritage rights and related transformations in international conventions by focusing on “local ownership-based” and “participation-based” approaches. While both emphasize that the adoption of human rights-based approaches in the protection of cultural heritage would allow for more democratic and egalitarian processes, they differ on how this right should be conceptualized, what it should involve, and whose right it should be. Local ownership-based approach is more widely accepted in international law at present. However, participation-based approach put forward by Ian Hodder (2010) is more inclusive because it considers rights claims by different segments of society that relate to cultural heritage for various economic, cultural and political purposes.

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