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

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