Underwater Cultural Heritage and Human Rights

This chapter takes the view that there are multiple indications in theory and trends in practice testifying to the emergence of a human rights approach to cultural heritage which, regardless of its peculiarities, also applies to underwater cultural heritage (UCH). The core of this approach consists of the collective and individual right to access, enjoy and participate in the protection of UCH. After a short, targeted overview of the 2001 UNESCO Convention, attention is paid to international cultural rights law with particular regard for the right of access to and enjoyment of cultural heritage, as well as to a number of human rights cases relevant to the preservation of UCH that have been adjudicated by the European Court of Human Rights (ECtHR). A few concluding remarks follow.