This research project explores new thinking and theoretical approaches for dealing with the prevention of radicalization in a culturally diverse Europe by means of interpreting the human rights framework from an inclusive perspective.
The main purpose of this research project consists of unveiling a potential contribution that Regional Human Rights Systems (RHRS) could make towards the enhancement of the protection of ethno-cultural diversity and the prevention of ethno-cultural racism, intolerance, exclusion and the consequential processes of ethno-cultural auto-radicalization within European societies.
The principles and legal standards developed by the jurisprudence of the Inter-American Court of Human Rights (I-ACtHR) and the European Court of Human Rights (ECtHR) could provide assistance in dealing with societal ethno-cultural claims within the human rights framework. The critical analysis of their jurisprudence could shed light on how to find the right balance between the protection of individual claims – based on communitarian or ethno-cultural views or traditions and/or expansive interpretation of the scope of protection of individual human rights – and the protection of the ‘common good’ or general societal interest, essential for the existence of an inclusive, cohesive and pluralist democratic society.
Processes of radicalization are becoming increasingly common within European borders, both as a result of radical and violent religious interpretations and cultural practices, but also as a potential counter cultural reaction vis-à-vis the exclusion and marginalization of diversity by the mainstream sectors of the society. The current debate in Europe regarding Islam (e.g. the use of the headscarf in public places), the growth of anti-Semitism and Afrophobia, and the increasing intolerance of refugees and economic migrants can all be seen as emerging examples of these destructive dynamics.
Therefore, the preservation of societal common interests, such as public order and safety – or even cultural traditions and identities – in open and pluralistic societies should also include the protection against ethno-cultural assimilation and discrimination. In fact, without the implementation of specific legal safeguards, the protection of the majoritarian ethno-cultural identity in a given society could substantially lead to the denial of recognition and fair accommodation of the cultural diversity intrinsically connected with the identity and dignity of ‘old’ or ‘new’ minorities.
Without cultural inclusion, persons belonging to ethno-cultural minority groups could be ‘tempted’ to embrace processes of self-radicalization as a ‘legitimized’ means of counter-reaction because of cultural exclusion, blindly identifying destructive violence as a potential ‘path’ for recognition and dignification of their own cultural identity and societal dignity.
The outcome of this project will be the publication of three articles in internationally recognized peer-reviewed journals, and the elaboration of a research proposal for its further development.
Alejandro Fuentes is a Senior Researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. He received his PhD (in International Law) and LL.M (in Comparative and European Legal Studies) from Trento University (It.), and Law degree from the University of Córdoba (Arg.).
He is a regular lecturer at the Master’s Programme in International Human Rights Law at the Faculty of Law, Lund University, where he directs the course on Human Rights and Cultural Diversity, teaches International Human Rights Law I and II, and supervises master theses.
His research focuses on international human rights law, in particular on international and regional systems of human rights protection, cultural diversity and identity, groups, minority and indigenous people rights, and human rights education. He has authored a book on Cultural diversity and indigenous peoples’ land claims: argumentative dynamics and jurisprudential approach in the Americas (Trento University, 2012).
He is a regular peer-reviewer of international scientific journals, including the Journal on Minority and Groups Rights and the Nordic Journal of International law, Brill Nijhoff, Leiden/Boston.
Alejandro Fuentes also has extensive experience in developing and implementing international programmes aimed to strengthen institutional capacities of judicial authorities and academic institutions in different regions in the world, especially in the field of human rights applied research and human rights education (HRE). He is currently closely collaborating with institutional partners in South-East Asia, Kenya, Zimbabwe, Turkey, Belarus, and with different European academic institutions.
Dr. Fuentes started his career in the Judicial Power of the Province of Córdoba (Arg.), where he worked for seven years as a judge’s assistance.
Follow Alejandro Fuentes on Twitter: @A__Fuentes
Keywords: Cultural Diversity; Pluralism; Inclusion; Equality and non-discrimination; Minority Rights; Indigenous Peoples; Human Rights Systems; Judicial Interpretation; Human Rights Education.
Select articles & papers
Fuentes, A.; Vannelli, M. “Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas” Laws 2019, 8, 31.
Fuentes A., “Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights approach”, International Journal on Minority and Group Rights 23 (2016), 39-79.
Fuentes A., “Exploitation of natural resources and protection of communal property over indigenous peoples’ traditional lands and territories. Jurisprudential approaches.” Conference paper presented at the 5th AsianSIL Biennial Conference 2015 (Bangkok, Thailand). Available upon request.
Fuentes A., “Culture Diversity, Indigenous People and traditional lands claims under the jurisprudence of the Inter-American Court of Human Rights”, research paper presented at the 2010 Annual Meeting of the Law and Society Association – LSA (Chicago – US), 2010, pp. 36. Available upon request.
Fuentes A., “Culture Diversity and Indigenous People within the Inter-American Human Rights System”. Research paper presented at the Advance Course on the International Protection of Human Rights, organized by the Institute for Human Rights at Åbo Akademi University (Turku/Åbo – Finland), 2009, pp. 27. Available upon request.
Fuentes A., “Human Dignity and the Italian Constitutional Adjudication”, Trento University, Co.Co.A. Paper Series, 2006
Select popular dissemination:
Fuentes A., “Rights to Lands, Participation and Consultation of Indigenous Peoples. A summary of the Inter-American Court of Human Rights’ Judicial Interpretation”, RWI Research Papers (2016).
“Changing Interpretations to Accommodate Indigenous Peoples’ Cultural Differences”, RWI Dissemination/Speeches Series (2016)
“The Colorblind Society: An Obstacle to Fight Racism?” RWI Dissemination Series (2016)
“Combating Terrorism While Enhancing Fundamental Values: Finding the Balance”, RWI Dissemination/Speeches Series (2015).
Fuentes A.,”Letteratura e diritto: percorso esplorativo da Jean Valjean a Primo Levi” (Literature and Law: explorative journey from Jean Valjean to Primo Levi), Trento University (2006)
Ongoing research projects
This research project explores the recognition of the right to traditional lands and natural resources by the Inter-American Court of Human Rights, and their interrelation with Indigenous Peoples’ rights to cultural identity and dignified life.
This project analyses the rights to Participation and Consultation of Indigenous Peoples in all of those matters that could directly affect their rights and interests. Special consideration is given to the requirement of Prior, Free and Informed Consent (FPIC) in the light of international and regional human rights jurisprudence.
This project theoretically examines the contribution of the United Nations Declaration on Human Rights Education and Training (UNDHRET) to human rights education programmes and modules. In particular, it focuses on education at university level about, through and for human rights and the role of university teachers as human rights educators.
This research project explores new thinking and theoretical approaches for dealing with the prevention of radicalization in a culturally diverse Europe, by means of interpreting the human rights framework from an inclusive perspective.