A Right to Cultural Identity in a UK Bill of Rights?

Abstract:

This article considers the possible inclusion of a right to cultural identity in a UK Bill of Rights, highlighting the centrality of culture to debates about the accommodation of diversity in the UK as well as the increased recognition of the importance of cultural rights under international human rights law. The article argues that the inclusion of a minimal minority rights guarantee based on Article 27 of the International Covenant on Civil and Political Rights 1966 would be an innocuous step that would provide the impetus needed for greater cultural sensitivity in decision-making processes in a way that acknowledges the centrality of culture to people's identities and everyday lives. It claims that the inclusion of such a right alongside a freestanding right to equality would provide a useful addition to the rights currently recognized as 'Convention rights' under the UK Human Rights Act 1998. This is argued on the basis of both international and domestic case law, including opinions of the UN Human Rights Committee, developments in European human rights law and experiences in other jurisdictions.