Document Type : Research Article

Author

Lecturer at the University of Alster, Northern Ireland

Abstract

Multiculturalism is an emerging notion within human rights discourse based on unity in diversity. It is usually admitted that human rights is in favor of difference and diversity, and this was clearly affirmed during the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. However, even though the idea of multiculturalism has been developed in political science and philosophy, the legal discourse regarding multiculturalism remains very limited. Usually, human rights treaty bodies and international and regional tribunals are reluctant to use the term. One of the reasons is the lack of a precise legal definition. The paper proposes to explore: how human rights law is in favor of multiculturalism though it never specifically refers to it, the definitional problem and how the notion of legal pluralism is preferred to multiculturalism, the advantage in the recognition of multiculturalism from a legal perspective.

Keywords

Main Subjects

C. Krause and A. Rosas, Economic, Social and Cultural Rights – A Textbook ,Dordrecht: Martinus Nijhoff, 1995.
Knop, Karen. Diversity and Self-Determination in International Law,Cambridge, 2002.
Kuper, Adam. Culture: The Anthropologists’ Account,Harvard University Press, 2000.
Kymlicka, Will. Multicultural Citizenship: A Liberal Theory of Minority Rights,1995; Charles. Taylor, Multiculturalism and the Politics of Recognition,1992.
P. Thornberry, “Minority Rights”, in Collected Courses of the Academy of European Law,VI-2, 1995.
Parekh, Bhikhu. Rethinking Multiculturalism, Cultural Diversity and Political Theory, Palgrave, 2000.
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