ABSTRACT
It is by now undeniable that climate change affects cultural heritage, with respect to both its tangible and intangible implications, and thus has a profound impact on fundamental cultural rights. However, thus far this recognition has not led to a decisive advancement in the protection of tangible and intangible cultural heritage from climate change. Some success has been achieved with respect to tangible cultural heritage from the standpoint of adaptation, for instance, with regard to the city of Venice, but the impact is so devastating that stakeholders are discussing the possibility of an ad hoc list for world heritage in danger which is threatened (with disappearance) by climate change. The sadly well-known failure of the Inuit Petition to the Inter-American Commission on Human Rights provides a clear picture of the relationship between intangible cultural heritage rights and climate change. Some normative changes are nonetheless underway, particularly in light of the recent recognition of a human right to a sustainable environment by the UN Human Rights Council and General Assembly, which is backed by the EU. This contribution explores the prospective impact of such recent developments on the protection of tangible and intangible cultural heritage from climate change. The chapter critically assesses the systemic implications (pros and cons) of these developments and pits them against the recognition of a specific fundamental right to a sustainable climate and interwoven climate rights, at the intersection between cultural rights, environmental rights and climate rights, including an analysis of developments within international law, EU law and the European Convention on Human Rights.
