Introduction to Framing Multicultural Issues in Terms of Human Rights: Solution or Problem?

Law surely makes a difference. Law makes a difference not only because it attaches legal consequences when it is applied to a case, but also because it shapes the way we see the world. Law as culture reinforces, shapes and constructs, amongst other things, the way we view and evaluate the world around us, from violence in pub fights (stupidly wrong) and war (sometimes just) to gender differences in fashion (private choice) and at work (discrimination) to the role of religion in caring for the homeless (evaluated positively) and in interfering with politics (evaluated negatively, mostly). In short, the law is part and parcel of our worldview and thus helps to build it. Together with the other organizer of the seminar, I have used these very general statements about how law constructs the world as inspiration for our specific interest in how human rights law can be used and is used to frame multicultural issues. Let us look at the example of the refusal to shake hands with people of the opposite sex. The Dutch media highlighted a number of cases in which this occurred and complaints were filed with the Dutch Commission on Equal Treatment, mostly involving Muslims (these cases will be discussed by Loenen in this issue). These cases fundamentally come down to a problem in social interaction. The refusal to shake hands is seen by the majority as an outright denial of a conventional social norm in the Netherlands. However, the problem can, and often is, resolved by mutual agreement to greet people in a different manner, based on the social value to respect religious or cultural differences and to find a modus vivendi to get on with substantial business. Most cases problem do not even reach the formulations of the law, but if they do, the legal system does provide a framework to help reach a practical solution.