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11 Accessing Culture at the EU Level: an Indirect Contribution to Cultural Rights Protection?

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Chapter Summary

When culture is identified as a creative process, cultural rights focus on rights of access to cultural activity and free cultural expression with subsequent guarantees of free cultural enjoyment. This chapter provides some insight into the way the EU is confronted with cultural rights. It identifies the EU's normative commitment to the protection of cultural rights, and highlights those provisions which allow for the development of policies with cultural impact. Given the absence of a precise legal basis for formulation of genuine cultural rights action, it delves into the tools employed to stimulate access to cultural activity and cultural enjoyment, exploring whether the EU indirectly contributes to the realisation of cultural rights at Member States' level. It concludes by clarifying whether the EU has blazed a trail to expand cultural protection for Member States' nationals, and examines whether there is a real need for a proper EU cultural rights policy.

Keywords: cultural activity; cultural enjoyment; cultural rights protection; European Union (EU)



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