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Discursive Approaches to the Concept of Cultural Rights and Cultural Impact Assessment

Abstract [Full Text in Chinese Language]

The acquisition of the rights of international indigenous peoples has gone through many conflicts, but the incidents of the indigenous peoples’ cultural rights that have been violated so far have continued to emerge. Under this background, this study advocates the “cultural impact assessment mechanism” as a possible method to strengthen and protect the cultural rights of indigenous peoples. This study takes three discourse approaches: “the connection between universal rights and special rights”, “the connection between cultural rights and multiple rights” and “the connection between cultural rights and enforcement mechanisms”, and analyze the relationship between cultural rights and others. These are the topics that the study intends to explore. 

This research finds that there is a two-way dialectical relationship between the two parties in the three discourse approaches, which not only expands the conceptual interpretation of special and universal cultural rights, but also sorts out cultural rights and other rights. The dynamic relationship between them is further extended to the specificity and commonality of the mechanism. Through the special design of the mechanism, the universal rights and the special rights are combined, and the possible influence and function of the mechanism are expanded, so that the special rights of the indigenous peoples can be considered, so as to achieve the universal practice of rights. It also further highlights the importance of cultural impact assessment mechanism for the practice of cultural rights.