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Aligning Interculturalism with International Human Rights Law [FINAL].pdf (423.69 kB)

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

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journal contribution
posted on 2023-06-09, 12:42 authored by Stephanie BerryStephanie Berry
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.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Human Rights Law Review

ISSN

1744-1021

Publisher

Oxford University Press

Issue

3

Volume

18

Page range

441-471

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-04-04

First Open Access (FOA) Date

2020-08-22

First Compliant Deposit (FCD) Date

2018-03-29

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