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13 Global Jurist 1 (2013)

handle is hein.journals/globjur13 and id is 1 raw text is: doi 10.1515/gi-2013-0016 - Global Jurist 2013; 13(1): 1-18 Advances Sean Goggin* Incorporating Cultural Dynamism into International Human Rights Law: A Solution from Anthropology Abstract: Culture remains one of international human rights law's most vexing subjects. While the right of minority groups to protect culture has existed for nearly four decades, fundamental questions still prevail in the jurisprudence in the area. To add to the unresolved debate, the essay argues for the incorporation of a new dynamic approach to culture, borrowed from the cultural insights of anthropology. Keywords: human rights, culture, anthropology, dynamic, law, cultural identity *Corresponding author: Sean Goggin, Irish Centre for Human Rights (graduate), NUI, Galway, Ireland, E-mail: goggin.sean@gmail.com I Introduction Culture remains one of international human rights law's most unfulfilled sub- jects.' Although a right to culture has been legally established since 1976, culture has been severely underdeveloped within the international system. The end result of this process has been to hamper the norm's effectiveness and to 1 See generally, Donders, Y. M. 2002. Towards a Rights to Cultural Identity? 1st ed. Intersentia; Thornberry, P. 1991. International Law and the Rights of Minorities. 1st ed. Clarendon Press; Francesco, F., and Scheinin, M. Cultural Human Rights. 1st ed. Martinus Nijhoff; Scheinin, M. 2000. The Right to Enjoy a Distinct Culture: Indigenous and Competing Uses of Land. In The Jurisprudence of Human Rights Law: A Comparative Interpretive Approach, edited by Orlin, T. et al. Abo Akademi University; Stamatopoulou, E. 2007. Cultural Rights in International Law: Article 27 of the Universal Declaration of Human Rights and Beyond. 1st ed. Brill. See Stamatopoulou, E. 2012. Monitoring Cultural Human Rights: The Claims of Culture on Human Rights and the Response of Cultural Rights. Human Rights Quarterly 4:34; Castellino, J. 2013. No Room at the International Table: The Importance of Designing Effective Litmus Tests for Minority Protection at Home. Human Rights Quarterly 1:35. DE GRUYTER

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