Cultural Diversities and Human Rights: History, Minorities, Pluralization

Resumen

Cultural diversity plays today a prominent role in the updating and developing of human rights. Past developments in the protection of rights have essentially forgotten the democratic management of cultural and identity-based diversity. States have stifled the main developments of the rights and constrained them to partial views in favour of the majority or dominant groups in each country. The current context of regional progressive integration and social diversification within each state agrees on the need to address the adequacy of systems for the protection of rights from different strategies to the context of multiculturalism. Against the process of "nationalization of rights" it is necessary to adopt a strategy for pluralization. On the one hand, the concept of minority has to be given its corresponding importance in both international and domestic law. On the other hand, different kind of policies and legal instruments for the accommodation of diversity can be identified and used to foster this necessary process of pluralization.