CONSTITUTIONAL CULTURAL RIGHTS
CONSTITUTIONAL CULTURAL RIGHTS

Author : Yurdagül Kılınç ADANALI
Number of pages : 365-378

Abstract

Cultural rights along with economic and social rights have been considered within the same category as positive rights which the state is held responsible for their fulfillment. Contrary to this approach, in this paper, I argue that the cultural rights must be immune to the state interference. To this aim, I try to construct a framework to analyze whether it provides a solution to prevent governments from intervention to cultural domain and to consolidate cultural rights for both majorities and minorities. So, the main question is: What is the required strategy to avoid cultural conflicts and to reach an acceptable constitution agreed by every member of society who has different identities and cultural belongings? Thus, this paper tries to prove that there is a meaningful purpose to find a strategy to avoid conflicts by reanalyzing cultural domain through instrumental rationality.

Keywords

Cultural rights, instrumental rationality, constitution, conflicts

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