CULTURAL HUMAN RIGHTS AND GLOBALIZATION
DOI:
https://doi.org/10.26577/JAPJ2024.112.i4.a3Abstract
Modern processes of globalization cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article will introduce the theoretical and methodological study of the cultural rights of the individual, as well as the issues of their implementation in the modern world under the influence of socio-economic, political and spiritual transformations. As a result of the analysis, the axiological concept of the realization of cultural rights by a person is shown, as well as the relationship with other, important, human rights is demonstrated; objective and subjective indicators that contradict the protection and implementation of cultural human rights are determined. The comparative legal analysis of the norms of Constitutions, national laws and international legal acts in the field of recognition and realization of cultural rights has revealed reformational trends in the field of their legal regulation in democratic states of the world. Based on the lack of a unified doctrinal theory of cognition of cultural rights, the adoption of a universal strategic international legal document designed to support the implementation of individual cultural rights in modern society - the "International Action Program for the development of an effective mechanism for the implementation of individual cultural rights in the field of integration" is recommended in the international arena. The purpose of this scientific article is to provide a comprehensive description of the problems of the realization of cultural rights and the formation of a holistic view of their further development in the conditions of modern globalization processes. While paying tribute to the theoretical and practical significance of this scientific heritage, it should be recognized that the realization of cultural rights in the context of globalization processes remains little explored. There are no generalizing, synthesizing works on the indicated problems. The article examines some aspects of the development of individual rights in an integrating world by the example of human rights in the field of culture. In this direction, the essence of the word "globalization" and the meaning of cultural rights are revealed. The article analyzes the version of cultural rights in various international legal instruments and in the general comments adopted by the Committee on Economic, Social and Cultural Rights. And also, the article establishes the place of cultural human and civil rights in the general structure of individual rights. The paper shows the specific features of the cultural rights of the individual.
Based on the conducted research, it is concluded that the state is the subject of setting priorities in policy in the field of cultural issues, which also follow from its main tasks in this area. The results of the study can be used in goal-setting in the field of education and the design of normative legal acts in the field of education and human rights.
Keywords: human rights, globalization, problems of realization of cultural rights, protection of cultural rights, transformation of cultural rights, cross-border cooperation, cultural human rights, Committee on Economic, Social and Cultural Rights.