Aligning interculturalism with international human rights law: 'Living Together' without assimilation

Berry, Stephanie E (2018) Aligning interculturalism with international human rights law: 'Living Together' without assimilation. Human Rights Law Review, 18 (3). pp. 441-471. ISSN 1744-1021

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Abstract

On the basis of the perceived failure of multiculturalism, a shift towards ‘interculturalism’ has been advocated by politicians in Western Europe and international organisations including UNESCO and the Council of Europe. While seemingly benign from a human rights perspective, critics of interculturalism warn that in practice this shift can be used to justify the adoption of assimilationist policies. Forced or unwanted assimilation violates the rights of persons belonging to minorities. Consequently, this article explores the compatibility of interculturalism with international human rights law. It argues that when adopted within a minority rights (multiculturalist) framework, such as the Framework Convention for the Protection of National Minorities, interculturalism is broadly compatible with human rights standards. However, when adopted outside this framework, for example, within the European Court on Human Rights’ jurisprudence, interculturalist concepts can easily be used to legitimize the violation of the rights of persons belonging to minorities.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Subjects: K Law
K Law > KJ Europe
Depositing User: Stephanie Berry
Date Deposited: 04 Apr 2018 09:33
Last Modified: 21 Sep 2018 07:25
URI: http://sro.sussex.ac.uk/id/eprint/74731

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