chapter  5
34 Pages

Reclaiming collective knowledge through group rights to cultural signifi ers: a theoretical framework

This chapter will explore whether the rights considered in relation to popular/traditional cultural signifi ers can be supported by group rights theory, on the basis of those arts and practices as symbols of cultural identity. ‘Late twentieth-century cultural politics [and beyond] makes it impossible to separate issues of identity from claims to the ownership of resources.’ 3

Various justifi cations for group rights have been advanced. Some are based on existing rights theories, such as the will (or protected choice) theory and the interest theory of rights, while others hinge on notions of ‘social justice’, 4

1 In this chapter, no distinction is made between ‘groups’ and ‘collectives’, and between ‘group rights’ and ‘collective rights’. Those terms will be used interchangeably.