Cultural Diversity and Human Rights Law

Cultural diversity represents the hallmark of a pluralistic and democratic society. Protecting cultural diversity is crucial challenge for a multicultural society as ours. However, sometimes culture, tradition and religion are invoked as justification for harmful practices, potentially or really conflicting with fundamental human rights - especially of vulnerable groups or individuals. The course examines the international and European legal framework on cultural diversity and the consistency with fundamental human rights of traditional harmful practices (such as genital mutilations, forced and early marriages, virginity tests, violent initiation rites, traditions related to widowhood, discriminatory practices against women, extreme dietary and food practices, infant begging). To this aim, the course focuses on the relevant international and European legal framework and the case-law developed by European, international, and domestic courts, in order to provide attendees with the legal background and critical skills to analyse and solve practical and theoretical cases.

The course program includes classes about:

- What is cultural diversity and how it is protected under international and European law
- Universalism v. relativism of human rights
- Human rights protection at the international level
- The protection of cultural diversity and human rights in regional systems: the European, Inter-American, African and the Middle East approaches
- Potential and real conflicts between cultural diversity and human rights: legal approaches and solutions
f) The international and European legal framework and case-law about harmful practices
f) European private international legal issues.