Rights to Culture, Language & Education – A Tricephalos

in M Bedggood and Ian McIntosh (eds), International Human Rights in Aotearoa New Zealand (Thomson Reuters, Wellington, 2017 Forthcoming)

Victoria University of Wellington Legal Research Paper No. 32/2019

69 Pages Posted: 5 May 2017 Last revised: 23 May 2019

See all articles by Mamari Stephens

Mamari Stephens

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: May 3, 2017

Abstract

This chapter outlines and discusses the human rights to culture, language, and education, within the international rights framework and the New Zealand context. The story of these rights in the international context illustrates how far the theory falls short of practice in the ability of real people to enjoy their full suite of human rights. This chapter also examines, on a selective basis, New Zealand’s own performance in enacting and implementing these rights. Generally, New Zealand has been reluctant to import economic, social and cultural rights into domestic law, or to sign up to mechanisms of enforcement at international law. While New Zealand’s express legislative provision for the rights discussed or mentioned in this chapter are non-existent or partial, the Treaty of Waitangi has been another gateway for the recognition of these rights, but not in a universal manner.

Keywords: Human rights, right to language, right to culture, right to education, Right to science, right to share in the benefits of science

JEL Classification: K49

Suggested Citation

Stephens, Māmari, Rights to Culture, Language & Education – A Tricephalos (May 3, 2017). in M Bedggood and Ian McIntosh (eds), International Human Rights in Aotearoa New Zealand (Thomson Reuters, Wellington, 2017 Forthcoming), Victoria University of Wellington Legal Research Paper No. 32/2019, Available at SSRN: https://ssrn.com/abstract=2962750

Māmari Stephens (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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