LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

THE RIGHT TO HERITAGE: EXPLORING DIFFERENT APPROACHES TO SECURE THIS RIGHT

AUTHORED BY:

Ms. TASHA BLUEWIN JOSEPH, 

Student,

Jindal Global Law School, O.P. Jindal Global University, Sonipat

CO-AUTHORED BY:


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ABSTRACT

The paper gives an understanding of human rights in general. It attempts to look into the ‘right to heritage’ and seeks to find its basis in the existing International Conventions. The paper then further explores the different possible approaches to secure and enforce it. Through an analysis of the different approaches, the author establishes that the right to heritage can best be enforced using a combination of the rights based approach and the capabilities approach. The paper will prove that while there are arguments to reaffirm that the right to heritage must be given the status of a human right internationally, there are certain limitations to it being a human right. The paper is divided into seven parts. Part I gives a basic introduction and understanding of rights while part II discusses Human rights and its characteristics. Part III introduces the idea of a ‘right to heritage’ and part IV explains the different approaches available to secure this right. The possibilities and limitations involved in classifying the right to heritage as a human right is explored in part V after which the better approach to securing the right to heritage is provided in part VI. Part VII provides the concluding remarks by the author.

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