Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

74 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS Within cultural rights the protection of minors is included, the right to speak one’s own language, and to live one’s culture as allowed by tradi- tion and access to the Earth. In this context the rights of indigenous people have been developed. Even though derived from second generation human rights, indige- nous human rights were inserted into a wider context because they were neither restricted to collective concerns, nor were they exclusively first ge- neration. They involved the implementation of human rights, even when individual, in accordance with particular cultural norms.They were, for this reason, called third generation human rights, in contrast to the two pre- vious qualifications. The recognition of these rights has initially come about in internatio- nal conventions which oblige States to consider, as one , national legislation and external instruments. For this reason, international law is coming to have an ever increasing role in affirming human rights. This is notable in the adoption of new norms for protection, and in the creation of external controlling entities. As a result, there is an increasing tendency to attribute responsibility to the States when it comes to the protection of human rights, or when there is a failure to follow guidelines in conventions and treaties. Hence, the development of international monitoring mechanisms, since the effi- ciency of the system is principally related to the existence of surveillance bodies to the end of protecting these rights. In the second half of the twentieth century, in Europe, America and Africa, regional tribunals were created for the protection of man’s rights. The first was the European Tribunal of Human Rights (1959) and, follo- wing this, the Inter-American (1979) and African (2009) Tribunals. The creators of the Inter-American and African systems of control, to a great extent, used the universal system for the protection of these rights (The United Nations Charter and The Universal Declaration of Human Rights of 1948) and the experience of the European System (The European Con- vention on Human Rights and Fundamental Freedoms of 1950).