Introduction to Framing Multicultural Issues in Terms of Human Rights: Solution or Problem?
| Date | 01 December 2012 |
| Published date | 01 December 2012 |
| DOI | 10.1177/016934411203000402 |
| Subject Matter | Part A: Article |
Netherlands Q uarterly of Human R ights, Vol. 30/4, 382–387, 2012.
382 © Netherlands I nstitute of Human Rig hts (SIM), Printed in the Net herlands.
PART A: ARTICLES
INTRODUCTION TO FRAMING
MULTICULTURAL ISSUES IN TERMS OF
HUMAN RIGHTS: SOLUTION OR PROBLEM?
W R*
Law surely makes a di erence. Law makes a di erence not only because it attaches
legal consequences when it is applied to a ca se, but also because it shapes the way we see
the world. Law as cultu re reinforces, shapes and constructs , amongst other things, the
way we view and evaluate t he world around us, from violence in pub ghts (stupidly
wrong) and war (sometimes just) to gender di erences in fashion (private choice) and
at work (discrimination) to the role of religion in caring for the homeless (evaluated
positively) and in interfering w ith politics (evaluated negatively, mostly).1 In short, the
law is part and parcel of our worldview a nd thus helps to build it.2 Together with the
other organizer of the seminar, I have used these very general statements about how
law constructs the world as inspiration for our speci c interest in how human rights
law can be used and is use d to frame multicultural is sues.
Let us look at the example of the refusal to shake hands with people of the
opposite sex. e Dutch media hi ghlighted a number of cases in which th is occurred
and complaints were led with the Dutch Commission on Equal Treatment, mostly
involving Muslims (these cas es will be discussed by Lo enen in this issue). ese cases
fundamentally come down to a problem in social interaction. e refusal to shake
ha nds i s se en by the majo rit y as an o utr igh t den ia l of a conv ent iona l so cia l no rm i n th e
Netherlands. However, the problem can, and o en is, resolved by mutual agreement
to greet people in a di erent manner, based on the social value to respect religious or
cultural di erences and to nd a modus vivendi to get on with substantial business.
Most cases probably do not even reach the formulations of the law, but if they do, t he
legal system does provide a fra mework to help reach a practical solution.
* Wibo van Rossum is assistant professor at Legal eory, Utrecht University. He wrote this
introduction on be half of the Orga nizing Comm ittee of the internat ional semina r entitled ‘Frami ng
multicultu ral issues in terms of human rights: solut ion or problem?’ on 14November 2011 at
Utrecht University, in which t he articles found i n this publication were rst presented. e semi nar
was fu nded by th e ‘Focus e n Massa’ a rea Con icts and Human Ri ghts. Co-organi ser of the seminar
was professor Titia L oenen.
1 Rosen, L., Law as Cu lture: An Introduction, Pr inceton University Press , Princeton, 2006 .
2 Geertz, C ., Local Knowledge: Further Essays In Interpretive Anthropology, Basic Books, New York,
1983.
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