Identity conflicts, human rights and the crisis of multiculturalism in Europe: from politics to the courts

摘要: Across Europe, courts play a central role in dealing with identity-driven conflicts across entrenched socio-cultural divides. Many of these controversies are seemingly religious disputes, involving the interpretation individual rights. Judges presented what they see as familiar legal challenge demarcating legitimate exercise rights and assessing grounds for accommodating or restricting given expression. Yet, there is much more at stake disputes. This paper traces so-called ‘crisis multiculturalism’ rhetoric political practice many countries highlighting its influence tendency to seek accommodation through litigation. It inquires into prospects this strategy, pointing out limitations face when identity pertaining minority groups traditionally disadvantaged mainstream processes. The cautiously concludes that shift towards participatory processes can foster understanding necessary mitigating conflicts.