CULTURAL RIGHTS AS A HUMAN RIGHT

Abstract

As an integral part of human rights, cultural rights have a dynamic that provides autonomy to the individual, especially those considered more vulnerable, which is why it becomes an object of great legal relevance. World War II made more evident the essentiality of culture as an essential element to human dignity. With the 1948 Universal Declaration of Human Rights, the protection and promotion of human rights gained prominence at the global level. The right to culture gained great prominence in the Federal Constitution of 1988, having a specific section about it and, therefore, this right is protected in the legal system by various legal, judicial and legislative instruments. The general objective of this article is to address the main international treaties that deal with human rights and cultural rights, as well as the Brazilian Constitutions and, as a specific objective, demonstrate the importance of treating cultural rights as a fundamental human right. The recognition and realization of cultural rights involve human rights as a whole, considering that they are fundamental for the affirmation of human dignity, whether civil, political, economic, social or cultural