Human Rights and Cultural Diversity: Too Hot to Handle?
| Date | 01 December 2012 |
| Author | Yvonne Donders |
| Published date | 01 December 2012 |
| DOI | 10.1177/016934411203000401 |
| Subject Matter | Column |
Netherlands Q uarterly of Human R ights, Vol. 30/4, 377–381, 2012.
© Netherlands I nstitute of Human Rig hts (SIM), Printed in the Net herlands. 377
COLUMN
HUMAN RIGHTS AND CULTURAL
DIVERSITY: TOO HOT TO HANDLE?
Y D
It is widely agreed that human rights and cultural diversity have a mutually
interdependent and bene c ial relationship. Many human rights, such as the rights to
freedom of expression, freedom of relig ion, freedom of assembly, as well as the rights
to take part in cultural life and to education, play a direct role in the promotion and
protection of cultural diversity. At the same time, the enjoyment of human rights is
promoted by a pluralistic society. e Universal Declaration on Cultural Diversity,
adopted by the Member States of UNESCO in 2001 provides that ‘the defence of
cultural diversity is…inseparable from respect for human dignity’ and ‘implies a
commitment to human rights a nd fundamental freedoms’. e UNESCO Convention
on the Protection and Promotion of the Diversity of Cultural Expressions (2005)
states that ‘cultura l diversity can be protected and promoted only if human rig hts and
fundamental freedoms…are guaranteed’.
e manner in which this relationship works out in practice is, however, o en
the subject of heated debates at national and international level. ese debates o en
centre around religious issues. Recently, for instance, portrayals of the prophet
Mohammed in a lm and in cartoons and the violent protests by Muslims stirred
up the discussion on the possible con ict between freedom of expression and
freedom of religion. Another cur rent example is the debate on the (proposed) ban on
wearing facial coverage in several Western European States, which was preceded by
similar discussions about students and teachers wearing religious symbols, such as
headscarves, turbans and kippas in public schools. In Germany, passionate debates
took place on male circumcision a er a German Court ruled that this religious
practice amounted to bodi ly harm.
Cultural diversity is of course broader than religion and its relationship and
interaction with huma n rights may raise many other hot topics. In the Net herlands, for
instance, ardent disc ussion has taken place on whether double nationality could lead
to a lack of Dutch identity and loyalt y, and on whether the celebrat ion of ‘Sinterklaas’
should be acknowledged as intangible Dutch cultural heritage or be dismissed
as a racist festivity. Other possible issues include the use of minority languages in
court, education in mi nority langu ages, the recognition of non-formal marriage and
divorce rituals, and land rights for indigenous communities in relation to economic
development. e reason debates on these issues are o en heated and polarised is
To continue reading
Request your trial