Cultural Rights: A Historical Appraisal of the Reasons for Their Underdevelopment

Abstract Cultural rights received increasing attention in the 1990s, but still, there is a pending task to implement them fully. This article examines the historical, ideological, and practical factors that have contributed to their underdevelopment. Five reasons are explored: the separation of civil and political rights and economic, social, and cultural rights in two covenants; the new developments in economic and social rights; the risk and fears of cultural relativism in the universality debates; the question and concerns over demands of self-determination; and the lack of awareness of culture’s role in human development.

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Publication Details

Journal
Global Jurist
Published
2026-02-25
DOI
https://doi.org/10.1515/gj-2025-0072
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
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article

Cultural Rights: A Historical Appraisal of the Reasons for Their Underdevelopment

Gabriela García Escobar
Global Jurist
Human Rights and Development
article

Cultural Rights: A Historical Appraisal of the Reasons for Their Underdevelopment

Gabriela García Escobar
article en

Abstract

Abstract Cultural rights received increasing attention in the 1990s, but still, there is a pending task to implement them fully. This article examines the historical, ideological, and practical factors that have contributed to their underdevelopment. Five reasons are explored: the separation of civil and political rights and economic, social, and cultural rights in two covenants; the new developments in economic and social rights; the risk and fears of cultural relativism in the universality debates; the question and concerns over demands of self-determination; and the lack of awareness of culture’s role in human development.

Global Jurist
Universidad Panamericana (GT), Universidad Panamericana (MX)
Peace, Justice and strong institutions
Openalex Percentile: Top 46%
Human Rights and Development
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