These FAQs are designed for those interested in gaining a basic understanding of cultural expertise, Indigenous expertise, and related technological tools like CULTEXP. They provide clear and accessible explanations but are not a substitute for the in-depth scholarly research available in academic publications.
While the practices revolving around cultural expertise date back at least to the 19th century, the full theoretical framework is a more recent development.
Cultural expertise is the special knowledge deployed by the experts of laws and cultures for assisting decision-making authorities in the assessment of evidence with information on the socio-legal backgrounds of facts and persons involved.
In the legal process, cultural expertise is a specific type of expert witnessing that involves social sciences as specialised knowledge.
^
What is Indigenous expertise?
Indigenous expertise refers to the specialized knowledge, skills, and cultural wisdom developed and maintained by Indigenous peoples over generations. It is deeply rooted in Indigenous traditions, histories, worldviews, and relationships with land, community, and governance. Indigenous expertise is recognized across various fields, including legal contexts, environmental stewardship, health, education, and governance.
^
Why do we need two distinct definitions for cultural expertise and Indigenous expertise?
While both cultural expertise and Indigenous expertise involve specialized knowledge about cultural traditions and practices, they are not the same and should be understood separately. The distinction is especially important because Indigenous peoples have unique rights to self-determination and free, prior, and informed consent (FPIC) under international law.
1. Indigenous Expertise and Self-Determination
Indigenous expertise is knowledge held by Indigenous peoples themselves about their own laws, traditions, governance, and ways of life. This expertise is deeply connected to self-determination, which means that Indigenous communities have the right to govern themselves, make decisions about their lands and cultures, and maintain their traditions without outside interference.
By keeping Indigenous expertise distinct from general cultural expertise, we recognize that Indigenous peoples are the rightful authorities over their own knowledge. This prevents situations where non-Indigenous experts speak on behalf of Indigenous communities without their consent.
2. Free, Prior, and Informed Consent (FPIC)
FPIC is a fundamental human right under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It ensures that Indigenous peoples have the right to be consulted and give their consent before any decisions are made that affect their lands, cultures, or livelihoods. This applies to legal cases, government policies, business activities, and research involving Indigenous knowledge.
By distinguishing Indigenous expertise from cultural expertise, we help to ensure that Indigenous peoples:
• Have control over how their knowledge is used
• Are not misrepresented or spoken for by outsiders
• Can decide when and how their expertise is shared in legal and institutional settings
3. Why This Distinction Matters
• Cultural expertise is an umbrella concept that applies to many different social groups and legal situations. It helps courts and institutions assess evidence in the light of cultural traditions and social practices in a variety of contexts.
• Indigenous expertise, on the other hand, belongs specifically to Indigenous peoples and is tied to their rights, sovereignty, and legal recognition. It cannot be used without their consent.
^
What is the difference among cultural expertise, cultural mediation, cultural defence?
While these three concepts share a recognition of culture as a factor shaping human behaviour, they each serve distinct purposes and should be understood within their own historical background and scholarly traditions.
1. Cultural Expertise – This refers to the use of specialized cultural knowledge by experts of laws and cultures, to assist decision-making authorities in assessing evidence where cultural factors are relevant. Cultural expertise does not advocate for a specific outcome but instead provides an objective and contextually informed analysis to aid the legal, administrative, or policy-making process. It is particularly relevant in legal cases involving asylum claims, family law disputes, Indigenous rights, but it is found in almost all the fields of law.
2. Cultural Mediation – Unlike cultural expertise, which focuses on providing expert knowledge to a legal or institutional authority, cultural mediation is a conflict resolution mechanism aimed at bridging cultural misunderstandings between parties. Cultural mediators work to facilitate dialogue, negotiation, and mutual understanding, often in migration services, healthcare, education, and community relations. The goal is to reduce conflict, promote inclusion, and help individuals navigate cultural differences in various institutional settings.
3. Cultural Defence – This is a legal strategy used in criminal law, where a defendant argues that their actions should be understood within the context of their cultural background and norms. The cultural defence strategy does not automatically exempt individuals from liability, but it can be used to mitigate punishment, explain intent, or challenge the application of certain legal principles. This concept has been controversial, as it raises ethical and legal debates about whether cultural practices should justify actions that conflict with human rights and national laws.
^
What is the difference between a cultural expert and a cultural mediator?
While both cultural experts and cultural mediators operate in contexts where cultural variations play a crucial role, their functions, objectives, and professional responsibilities are fundamentally different.
1. Cultural Expert
• A cultural expert provides specialized knowledge about cultural norms, traditions, and social practices to aid decision-making authorities such as courts, government agencies, and international organizations.
• Cultural experts do not advocate for any party but offer an expert opinion based on their academic or professional expertise.
• Cultural experts work in legal proceedings, frequently asylum cases, Indigenous rights claims, but also in out of court proceedings such as international arbitration, where cultural context is necessary for assessing evidence.
• Their expertise is based on scientific research and field experience, and they may provide written reports or oral testimony to explain how cultural factors influence behaviour, social norms, or legal traditions.
2. Cultural Mediator
• A cultural mediator facilitates communication and understanding between individuals or groups from different cultural backgrounds to resolve conflicts, misunderstandings, or barriers to access services.
• Their goal is to bridge cultural and linguistic gaps, promoting dialogue, negotiation, and cooperation.
• Cultural mediators are commonly found in migration services, healthcare, education, social services, and community relations, helping individuals navigate bureaucratic systems, healthcare access, or legal proceedings.
• Unlike cultural experts, cultural mediators are often trained in mediation techniques rather than academic research and may directly intervene to assist individuals in resolving disputes or adapting to new cultural contexts.
^
Do cultural experts engage in investigations and fact-finding?
As any other expert witness in the legal process, cultural experts, do not engage in investigations or fact-finding in the way that law enforcement and private investigators do. Their role is fundamentally different:
1. Objective Analysis, Not Investigation
• Cultural experts provide specialized knowledge and context to help legal and administrative authorities interpret facts, rather than uncover them.
• They do not gather evidence in an investigative manner but analyse existing information (testimonies, documents, reports) through the lens of cultural expertise.
2. Assessing Cultural Context, Not Determining Guilt or Innocence
• Their expertise is used to clarify cultural practices, norms, and social dynamics that might be relevant to a legal or administrative case.
• They may assess how socio-cultural factors influence behaviours, decision-making, or interactions with legal institutions but do not establish the facts of a case themselves.
3. Occasionally Conducting Fieldwork to Gather Data
• In some cases, if relevant cultural data is not otherwise available, a cultural expert may conduct fieldwork to gather insights. This is not investigative work but rather a research-based approach similar to other types of expert witnessing where experts rely on established methodologies to provide relevant cultural context.
4. Working Within a Legal or Institutional Framework
• Cultural experts operate within the parameters set by courts, tribunals, and other legal institutions.
• Their role is to assist decision-makers (judges, arbitrators, asylum officers) by providing culturally informed expert opinions rather than conducting independent investigations.
^
What is the relationship between cultural expertise and human rights?
Cultural expertise and human rights are closely interconnected, as cultural expertise helps interpret, contextualize, and implement human rights principles in legal and administrative settings. This relationship can be understood in several keyways:
1. Bridging Cultural Contexts in Human Rights Cases
• Many human rights cases involve individuals from diverse cultural backgrounds whose experiences and perspectives may not conform with dominant legal or institutional frameworks.
• Cultural expertise helps explain cultural norms, traditions, and social practices that influence the behaviour of individuals and communities involved in human rights disputes.
• For example, in cases involving asylum seekers, Indigenous rights, freedom of belief, freedom of speech, cultural experts provide contextual analysis to ensure fair assessments of evidence.
2. Ensuring Fairness and Non-Discrimination
• Cultural expertise supports the right to a fair trial by helping courts and legal institutions avoid cultural bias or misinterpretation of behaviours, customs, and legal traditions.
• By providing specialised knowledge on laws and cultures, cultural expertise helps prevent discrimination and misjudgment, particularly in cases where cultural misunderstandings could lead to unfair legal outcomes.
3. Advancing Cultural Rights as Human Rights
• Cultural rights are recognized as fundamental human rights under international law (e.g., UNESCO conventions, the Universal Declaration of Human Rights, and the International Covenant on Economic, Social and Cultural Rights).
• Cultural expertise plays a role in ensuring these rights are respected, particularly in cases related to Indigenous land claims, language preservation, religious freedoms, and minority protections.
4. Strengthening Access to Justice
• Human rights frameworks emphasize equal access to justice, but individuals from marginalized or non-dominant cultural groups often face barriers.
• Cultural experts help remove these barriers by translating cultural knowledge into legal reasoning, allowing legal systems to better serve diverse populations.
5. Guiding Policy and Legislative Development
• Beyond individual cases, cultural expertise contributes to human rights-based policy-making by helping legislators and institutions draft laws and policies that are sensitive to cultural diversity.
• This is particularly relevant in areas like gender rights, Indigenous governance, migration policies, and transitional justice.
^
What is CULTEXP?
CULTEXP consists of three key elements that support the development and application of cultural expertise:
1. CULTEXP Trademark – A registered trademark that safeguards the quality and standards of cultural expertise training and technological innovation.
2. CULTEXP Database – An open-access repository containing case law and expert reports, providing valuable resources for legal professionals and researchers.
3. CULTEXP AI – The first AI model specifically designed for cultural expertise, assisting legal professionals by integrating cultural knowledge into legal decision-making processes.
^
Is CULTEXP in Open Access?
CULTEXP database is in Open Access but CULTEXP AI model is not yet in Open Access. Our wish is to make CULTEXP AI also available in Open Access but it will depend on the availability of funding and infrastructures needed for its deployment.
^
Is CULTEXP AI able to engage in the investigation that experts need to conduct?
Although terminology varies across legal systems and languages, we believe that the term investigation is not the most appropriate to describe the role of expert witnessing—not only for cultural experts but for expert witnesses in general.
Experts do not act as investigators in the way law enforcement or legal professionals do. Instead, their role is to provide specialized knowledge, analysis, and context to help courts, lawyers, and decision-makers understand complex issues and assess evidence.
CULTEXP AI follows this principle by supporting legal professionals with high-quality, reliable, and ethically sourced cultural expertise. It assists in gathering relevant data, structuring a written expert report, ensuring accuracy, improving accessibility, and developing analysis, but it does not investigate in the sense of actively gathering new evidence or conducting inquiries which we think is beyond the role of expert witnesses.
^
Can I try CULTEXP?
CULTEXP database and CULTEXP AI are both prototypes tested in a controlled professional environment. A basic version of CULTEXP as database is available in Open Access at https://culturalexpertise.net/cultexp/ CULTEXP AI is available on a trial basis and you can write to us at culturalexpertise@culturalexpertise.net to enrol for the next testing phase.
^
Is CULTEXP’s algorithm in Open Access?
At present, CULTEXP AI is the phase of prototype development tested in a controlled professional environment. OPEN ACCESS will be the favourite option when CULTEXP AI will be deployed, but this will be contingent to the availability of the needed infrastructure.
^
What is Elydor?
Elydor is a specific component of CULTEXP AI, with the specific task to anonymise documents in conformity with the GDPR.
^
What does sovereignty of documents mean?
Sovereignty of documents refers to the principle that documents, particularly legal and official records, should remain under the control of their rightful owners—whether they are courts, legal professionals, governments, or individuals—without external interference, unauthorized modification, or loss of integrity.
In the context of AI and legal tech, document sovereignty means ensuring that sensitive legal documents are processed, analysed, stored, and retrieved in a way that respects confidentiality, security, and jurisdictional authority. This principle helps prevent unauthorized access, data breaches, or dependencies on third-party platforms that might compromise legal data protection.
CULTEXP upholds this principle by being deployed on our own secure servers, which ensures the treatment of data according to the GDPR and without reliance on external cloud providers. This minimizes security risks, maintains GDPR compliance, and guarantees that all document processing is handled in a way that safeguards privacy, confidentiality, and legal integrity.
^