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4 Cultural Rights: a Necessary Corrective to the Nation State 4 Cultural Rights: A Necessary Corrective to the Nation State William K. Barth* IJTDIBQUFSFYBNJOFTUIFIJTUPSZPGUIFJOUFSOBUJPOBMNJOPSJUZSFHJNFBOE TEJTDVTTFTJUTJNQMJDBUJPOTGPSOPSNBUJWFRVFTUJPOTSBJTFECZQPMJUJDBMUIFPSJTUT PONVMUJDVMUVSBMJTN*OUIJTDIBQUFS *CSJFĘZSFWJFXIPXUIFFTUBCMJTINFOUPGOBUJPO TUBUFTTPNFUJNFBOUBHPOJ[FTDFSUBJONJOPSJUZHSPVQT*DPODMVEFUIBUUIFNJOPSJUZ SFHJNFJTBOFDFTTBSZDPSSFDUJWFGPSUIFTFTUBUFT 1. Cultural rights *VTFUIFUFSNTDVMUVSBMSJHIUTBOENJOPSJUZSJHIUTJOUFSDIBOHFBCMZ)PXFWFS TPNF DMBSJĕDBUJPOJTOFDFTTBSZJOPSEFSUPEJTUJOHVJTIUIFDPOUFYUPGUIFTFUXPEJČFSFOU UFSNJOPMPHJFT$VMUVSBMSJHIUTDPNQSJTFBOBTQFDUPGIVNBOSJHIUTJOUIBUUIFZBSF VOJWFSTBMJODIBSBDUFSBOEHVBSBOUFFBMMQFSTPOTUIFSJHIUUPBDDFTTUIFJSDVMUVSF ćF6OJUFE/BUJPOTNJOPSJUZSFHJNFPOMZHSBOUTDVMUVSBMQSPUFDUJPOUPRVBMJĕFE DMBTTFTPGQFSTPOT UIBUJT OBUJPOBM FUIOJD JODMVTJWFPGSBDF MJOHVJTUJD BOESFMJHJPVT NJOPSJUZHSPVQT0OFPGUIFNBJO6/IVNBOSJHIUTUSFBUJFT OBNFMZ UIF *OUFSOBUJPOBM$PWFOBOUPO$JWJMBOE1PMJUJDBM3JHIUT *$$13 JEFOUJĕFTUISFFPG UIFTFQBSUJDVMBSNJOPSJUZHSPVQDMBTTJĕDBUJPOT OPUNFOUJPOJOHOBUJPOBMNJOPSJUJFT BTBSFTQPOTFUPUIFQSFWBJMJOHTUBUFTUSVDUVSFTXIJDIBSFDPOUSPMMFECZBEPNJOBOU OBUJPOBMHSPVQ#FDBVTFNPTUTUBUFTNBJOUBJOBOBUJPOBM BTPQQPTFEUPBDJWJD DIBSBDUFS TVCEPNJOBOUHSPVQTSFRVJSFUSFBUZQSPUFDUJPO ćJTBSUJDMFJTCBTFEPOSFTFBSDIGPS%S#BSUIT%1IJMUIFTJTJO1PMJUJDTFOUJUMFEA0O$VMUVSBM 3JHIUTćF&RVBMJUZPG/BUJPOTBOEUIF.JOPSJUZ-FHBM5SBEJUJPO International Covenant on Civil and Political Rights, 1966, "SUJDMF 6/54Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 3FTPMVUJPOCZUIF(FOFSBM"TTFNCMZ 'PSUZ4FWFOUI4FTTJPO 6/%PDVNFOU"3&4 'FCSVBSZ"TJOEJDBUFEJOUIFOBNFPGUIFJOTUSVNFOU UIJTEFDMBSBUJPOBMTPDPWFST OBUJPOBMNJOPSJUJFT 'SBODJPOJBOE4DIFJOJO FET Cultural Human Rights o ª,POJOLMJKLF#SJMM/7*4#/1SJOUFEJOUIF/FUIFSMBOET Cultural Human Rights ćFXPSMETTUBUFTXFSFSFTQPOTJCMFGPSUXPXPSMEXBSTJOUIFUIDFOUVSZUIBU SFTVMUFEJOIVNBOEFBUIUPMMTJOFYDFTTPGNJMMJPOQFSTPOT BTXFMMBTSFQFBUFE GPSDJCMFBTTJNJMBUJPO EFOBUJPOBMJ[BUJPO BOEHFOPDJEBMDBNQBJHOTćJTSFDPSEPGTUBUF QSBDUJDFTQSPWJEFTUIF6/XJUIKVTUJĕDBUJPOGPSFTUBCMJTIJOHBDPSSFDUJWF OBNFMZ UIFNJOPSJUZSFHJNF4P XIJMFDVMUVSBMSJHIUTBSFVOJWFSTBMJODIBSBDUFS UIFZBSF BQQMJFECZJOUFSOBUJPOBMJOTUSVNFOUTUPGPVSTVCEPNJOBOUDMBTTFT UIBUJT OBUJPOBM FUIOJD SFMJHJPVT BOEMJOHVJTUJDNJOPSJUJFTćFTFDMBTTJĕDBUJPOTBSFSFMBUFEUPUIBU BTQFDUPGTUBUFQSBDUJDFTUIBUJTSFTQPOTJCMFGPSUIFGBDUPGDSFBUJOHNJOPSJUZHSPVQT OBNFMZ DPOUSPMPGUIFTUBUFTBQQBSBUVTCZBEPNJOBUJOHOBUJPOBMHSPVQ 4FWFSBMXSJUFSTDPODMVEFUIBUQPMJUJDBMUIJOLFSTTIPVMEOPUBDDFQUUIFTUSVDUVSF PSFYJTUFODFPGUIFOBUJPOTUBUFBOETIPVMESFGPSNVMBUFUIFJSJEFBTPGTUBUFDSBę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ćFSFJTOPEJTBHSFFNFOUBNPOHTUQPMJUJDBM UIFPSJTUTUIBUBDDFTTUPDVMUVSFJTOFDFTTBSZUPEFWFMPQUIFJOEJWJEVBMDBQBDJUZGPS BVUPOPNZ+PTFQI3B[ GPSFYBNQMF FYQMBJOTUIBUPOMZCZCFJOHTPDJBMJ[FEJOB DVMUVSFDBOPOFUBQUIFPQUJPOTUIBUHJWFIVNBOMJGFNFBOJOH*OEJWJEVBMGSFFEPN EFQFOETPOPQUJPOTUIBUSFMZPOSVMFTXIJDIDPOTUJUVUFUIPTFPQUJPOT$VMUVSFJT GVOEBNFOUBMUPJOEJWJEVBMBVUPOPNZCFDBVTFJUQSPWJEFTBDPOHMPNFSBUJPOPG JOUFSMPDLJOHQSBDUJDFTXIJDIDPOTUJUVUFUIFSBOHFPGMJGFPQUJPOTPQFOUPPOFXIP 2 .$BOPWBO Nationalism and Political Theory $IFMUFOIBN &EXBSE&MHBS Q :5BNJS Liberal Nationalism /FX+FSTFZ 1SJODFUPO6OJWFSTJUZ1SFTT QQAy TUBUFQPXFSTTIPVMEEFWPMWFUPTNBMMFS BVUPOPNPVTOBUJPOBMFOUJUJFTPOUIFPOFIBOE BOE UPMBSHFS SFHJPOBMGSBNFXPSLTPOUIFPUIFS .$BOPWBO ibid QQ "&JEF A.JOPSJUZ1SPUFDUJPOBOE8PSME0SEFS5PXBSETB'SBNFXPSLGPS-BXBOE1PMJDZ JO"1IJMMJQTBOE"3PTBT FET Universal Minority Rights 5VSLV¯CPBOE-POEPO ¯CP "LBEFNJ6OJWFSTJUZ*OTUJUVUFGPS)VNBO3JHIUT.JOPSJUZ3JHIUT(SPVQ*OUFSOBUJPOBM QćF8PSLJOH(SPVQPO.JOPSJUJFTXBTFTUBCMJTIFEJOBTBTVCTJEJBSZPSHBOPGUIF 6/4VC$PNNJTTJPOPOUIF1SPNPUJPOBOE1SPUFDUJPOPG)VNBO3JHIUT QSFWJPVTMZDBMMFE UIF4VC$PNNJTTJPOPO1SFWFOUJPOPG%JTDSJNJOBUJPOBOE1SPUFDUJPOPG.JOPSJUJFT 80.
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