CULTURE IN THE CONSTITUTION AS INTANGIBLE HERITAGE: A Comparison Between Uruguay and Peru from the Perspective of Fundamental Rights
DOI:
https://doi.org/10.17564/2316-381X.2025v10n2p49-60Abstract
This article aims to carry out a comparative analysis of the constitutional provisions relating to culture in two Latin American countries: Uruguay and Peru. The research problem lies in the point that in a globalized context, where cultures intersect and influence each other, how are the protection and promotion of cultural rights guaranteed for the preservation of identity and human dignity? The hypothesis is to state that culture plays a fundamental role in building and maintaining the identity of a nation, reflecting the diversity, values and traditions of its people. The general objective is to compare the constitutions of Uruguay and Peru, seeking to reveal similarities and differences in the constitutional approach to culture. The specific objectives are: a) to analyze the constitutions of Uruguay and Peru, in relation to the right to culture; b) compare the constitutions of Uruguay and Peru in their provisions on culture; c) discuss the theoretical foundation for the right to culture in the constitutions of Uruguay and Peru. The methodology adopted involves a documentary analysis of the constitutions. The analysis focuses on identifying specific provisions on culture, evaluating their practical implementation, and discussing the impacts of these policies on Uruguayan and Peruvian societies. In the end, it is hoped that this study will contribute to a deeper understanding of the importance of constitutional protection of cultural rights and provide valuable insights for policymakers, academics and human rights defenders, encouraging a greater commitment to valuing and preserving diversity cultural.
Keywords: culture; fundamental rights; constitutional comparison; intangible heritage.