Prawa kulturalne w Europejskiej Konwencji Praw Człowieka. Analiza w oparciu o orzecznictwo Europejskiego Trybunału Praw Człowieka w Strasburgu

Abstract

The main purpose of this publication is to indicate cultural rights included within European Convention on the Human Rights and analysis on the basis of the European Human Rights Court’s case law. Important element of the publication is an attempt to determine a place which cultural rights take in an international system of human rights’ protection. Main considerations were preceded by a research of semantic and fenomenologic nature. Significant issue indicated in this publication is an attempt to put in order definitions of cultural rights in broad and narrow sense what has a key meaning for a subject of the publication. Author tries to indicate which premises are necessary for an assumption that such a right is cultural in narrow sense. Indispensable for a recognition of the subject was to include herein a shortened review of cultural rights’s in narrow sense protection standards which are guaranteed by UN’s documents and local regulations. In a main part of this publication author performed an analysis of particular Convention’s provisions on a basis of cultural rights in narrow sense. Setting an area of this rights were performed with a use of Strasbourgh’s Tribunal case law in international and Polish cases. Publication partially fills a gap in a Polish literature in matters related to the protection of cultural rights.