Liberty, equality, diversity : states, cultures, and international law

Abstract

This chapter explores how culture is addressed by contemporary international law, with particular reference to human rights law norms. The first part covering freedom focuses on the rise of the modern state and its conscious reimagining of ties with its citizens through the promotion of tolerance and a secular, national identity. The shift is explored through the prisms of the freedom of religion, the right to participate in (national) cultural life, and the limitations on freedom of expression. The second part on equality centres on the relationship between the state, the group and its individuals by moving beyond the strictures of tolerance to the fostering of non-discrimination not only in respect of civil and political rights but also cultural rights. The third and final part concentrates on the embracing of cultural diversity by the international community as a common good. The promotion of diversity is considered at the state level, at the international level, and at the group level.