КУЛТУРНА РАЗЛИЧИТОСТ И ПРАВНА РЕЛЕВАНТНОСТ КУЛТУРНЕ РАЗЛИЧИТОСТИ
CULTURAL DIVERSITY AND THE LEGAL RELEVANCE OF CULTURAL DIVERSITY

Author(s): Tibor Varadi
Subject(s): Human Rights and Humanitarian Law, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
Published by: Институт друштвених наука
Keywords: cultural diversity; discrimination; equality; collective minority rights; Dayton Constitution; linguistic rights; traditional migrant status
Summary/Abstract: It is beyond doubt that cultural diversity and parallel cultures are parts of the present reality – and this is certainly a reality in Europe. The question arises whether cultural diversity could and should be legally relevant. The answer may be different, depending on the context in which the question arises. In the course of history, ethnical communities have often been identifi ed in order to be discriminated. It is beyond doubt that one has to condemn the tying of discriminating consequences to the fact that someone belongs to a given religion, culture, or ethnic group. There are also situations, however, in which different arguments may be raised. A controversy has arisen with respect to the Dayton Constitution (of Bosnia and Herzegovina). The question is whether – as a consequence of a specific and burdensome historical background – it could be justified to set ethnic affiliation as relevant; that is to allow election to the Upper House of the Parliament and to the Presidium only to citizens who belong to given ethnic groups (to one of the three constitutive peoples). The question has also been raised whether the impartiality of the arbitrator, and the absence of appearance of bias, could be conditioned by the affiliation of the arbitrator with a neutral ethnic group. The legal relevance of ethnic affiliation may be a basis for discrimination, yet it may also be the basis for actual (and normerely formal) equality regarding use of language and preservation of a distinct culture. International agreements and national legislative acts make collective minority rights reachable to certain minorities. This leads to the complex question, how should one identify relevant minority groups. The issues of substantial number and traditional presence have become particularly sensitive. In the context of the requirement of traditional presence the status of migrants has gained distinct attention.

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