Group rights in culture --- A universal claim for communal cultural property.

摘要

Part of the debate about protection of cultural diversity is constructed around the term cultural property (CP). CP employs the application of property rights as they relate to culture, whereas particularly in the context of Indigenous cultures the claim for group rights is made. This thesis examines the debate about group rights in culture and, by applying the analytical metaphor of property as a bundle of rights, it will distinguish the element of the right holder. Based on the communal nature of culture, this thesis will present the argument that rights in culture shall be held by the group in the context of both Indigenous and western cultures. Furthermore, it refers to the increasing recognition of groups in primary sources of international law. Finally, it revisits philosophical theories of property and by adding a subjective element to these theories tries to open them towards the idea of communal ownership.