Multikulturalismus a integrační právo v Kanadě
Multiculturalism and Integration Law in Canada
Author(s): Harald Christian Scheu, Eliška NováčkováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: principle of multiculturalism; Canada; Charter of Rights and Freedoms; case law; cultural diversity; religious freedom; secularism; freedom of speech
Summary/Abstract: This paper presents the Canadian concept of multiculturalism, which understands the ethnic and cultural diversity of society as an important value and aims to protect all minorities, including those most vulnerable. The analysis of the legal foundation of the principle of multiculturalism and its application in the practice of Canadian courts demonstrates how the principle of multiculturalism should contribute to the protection of human rights and minority rights. In 1982, the Canadian Charter of Rights and Freedoms was adopted as an integral part of the Canadian Constitution. The Charter contains, in addition to traditional civil and political rights, a provision according to which the Charter is to be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. After analyzing the cases in which Canadian courts have referred to the principle of multiculturalism, at the end of the paper it is assessed whether a similar model would also be beneficial for the European protection of human and minority rights.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 64/2018
- Issue No: 2
- Page Range: 133-144
- Page Count: 12
- Language: Czech