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Project

Popular Culture on Trial: European Human Rights as Agents of Cultural Change or Preservation?

Cultural traditions (such as Zwarte Piet, Epiphany) and elements of popular culture ( Tintin, the Smurfs, public advertising) are growingly contested on account of the discriminatory stereotypes (in terms of racism, sexism, ...) they may spread and possibly confirm. The research will critically assess how complaints about these traditions and cultural elements are dealt with in various European States, both in courts and in the societal debates. The focus will on the arguments based on human rights, especially on the anti-discrimination and anti-stigma discourse. Attention will be paid as well to the effective changes (if any) to these traditions/culture as a result of the debates. The research will then scrutinize how and to what extent the anti-stereotyping approach can be reconciled with the fundamental rights of artists, advertisers, and all those people who are keen on continuing the traditions and popular culture. The focus here is on the legal framework provided by the European Convention on Human Rights. Finally, the findings of the research can be used to answer the question whether human rights, as protected by the Convention, are rather elements of preservation of traditions or, on the contrary, factors of societal change. This will be an important contribution to the debate on the so-called all too progressive and activist case-law of the European Court on Human Rights.

Date:1 Jan 2018 →  31 Dec 2021
Keywords:Cultural traditions, European Court on Human Rights, Human Rights
Disciplines:Law