CULTURAL RIGHTS IN THE CASE­LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

NIKOLIĆ Aleksa (Autor je saradnik u nastavi Pravnog fakulteta Univerziteta u Beogradu), aleksa.nikolic@ ius.bg.ac.rs

In this paper, the author tries to show the development of cultural rights in the practice of the European Court of Human Rights. The introduction first emphasizes poor development but also the increasing importance of this group of human rights. The paper then analyzes the normative framework of cultural rights in the Council of Europe’s legal system. Thereafter, the author examines the ECHR practice in the field of cultural rights, especially in light of the most significant judgments the Court has made regarding the right to education, the right of access to culture, and the right to artistic expression. The paper then analyzes the legal nature of the ECHR judgments in the field of cultural rights. At the end of this paper, the author summarizes the importance of the Court’s judgments, as well as its role in furthering cultural rights.

Keywords: cultural rights, European Court of Human Rights, right to education, right to access to culture, right to artistic expression