Establishment And Realization Of Cultural Rights

Nowadays cultural rights have been popular topics in safeguarding human rights, developing culture and building a harmonious society. This thesis tries to answer two key questions, which are what cultural rights are and how to realize cultural rights. The former is the premise of the latter.As important parts of human rights, cultural rights mean that everyone could get his or her cultural treatments and chances in the field of technology, law, education, science, arts and etc. They also mean that everyone could keep his or her cultural attitudes and habits in convention, moral, value, thought and etc. Cultural rights include the right to education, the right to be identified, the right to freedom of opinion and expression, the right to participate in the cultural life, the right to freedom of creative activities, the right to share in scientific advancement and its benefits, the right to protect the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, the right to freedom of international cooperation. And the key point is that cultural rights are not only collective and universal rights but also individual rights. Cultural rights, civil and political rights, economic and social rights are equally important. They rely on each other and couldn't be divided.In order to achieve the full realization of cultural rights, preparations should be made in four ways. Firstly, the nations and the individuals are able to pay for what need during the course of realizing cultural rights. Secondly, the world, the regions and especially the nations should provide a good environment. Thirdly, NGOs should participate actively and play an important part. Last but not the least, the nations and the individuals should have the consciousness of cultural rights, which is absolutely necessary.This thesis also makes a review over the history of cultural rights in China and through which, we get to know in the course of realizing cultural rights in China there are some difficulties, such as the infrequent economic resources, immature civil society, and the restriction by traditional Confucianism. As these difficulties couldn't be settled in short time, we can now take some measures, which are cultivating the consciousness of cultural rights by the education of human rights, respecting cultural rights through the identity between China and other nations, protecting cultural rights by law and judiciary , eliminating unfairness in cultural life by attaching importance both to cultural industries and cultural administration, both to tradition and creativity, both to social and economic benefits in cultural industries.