Legal Issues Connected With Cultural Heritage in the Practice of the European Court Of Human Rights

Abstract

Citizenship rights are the set of rights that every human being has as a citizen and must be respected by others, that is, other citizens and the government. By definition, a citizen is a person who has the rights and privileges granted in the constitution, which in fact is a social position in which a person enjoys freedom of expression and equality before the law on the one hand, and the right to political participation on the other hand. That is, the right to vote and to form a party and trade union, etc. Citizenship rights can be related to human rights in some ways, in such a way that people who live in the same land have equal rights due to being human and also to The reason that mankind has a series of basic rights is the development of citizenship rights. This article is devoted to problems related to cultural heritage in cases considered by the European Court of Human Rights. Authors investigate decisions and judgments of this judicial institution in the relevant cases, including the cases involving the alleged violation. It is concluded that, due to the apparent reluctance of this judicial institution to recognize the existence of the individual right to protection of cultural heritage and/or access to it and its enjoyment on the basis of the existing provisions of the 1950 Convention, it is desirable to adopt a new Protocol to this treaty which will enshrine at least the right of everyone to take part in cultural life (which, in turn, includes the right to access to and enjoyment of cultural heritage).