| 英文摘要 |
This article delves into the essence of moral rights to Traditional Cultural Expressions (TCEs), examining their legal definition, constitutional underpinnings, and practical implementation. It begins by contrasting the moral rights associated with TCEs to those of authors, exploring the essence of the moral rights of TCEs in Taiwan with the perspective that the moral rights of authors safeguard the integrity of their works and respect their honor and reputations. Subsequently, the constitutional foundation of moral rights to TCEs is examined, discussing the four fundamental rights covered by Article 22 of the Constitution: the personality right, the right to one’s name, the cultural right, and the right to Indigenous identity. Finally, to enforce the aforementioned constitutional rights, this article asserts that moral rights to TCEs must be constructed collaboratively by national law and Indigenous customary law. Therefore, this article explores the specifications of registered TCEs and Indigenous customary law to determine the scope of moral rights and standards for infringement. This serves to enhance the goals of respecting cultural diversity, safeguarding Indigenous cultural rights, and preserving cultural identity within constitutional and international law. |
