La cultura de las minorías en el proceso judicial (artículo 27 del Pacto Internacional de Derechos Civiles y Políticos).La pericia cultural

Laburpena

The proliferation of litigation with cultural elements is increasingly frequent in our multicultural societies and demands from the judge specific training in cultural diversity, minority rights, and new judicial methodologies for the balancing of conflicting legal goods and rights. This contribution shows how the law has sufficient instruments to guarantee that each person manifests their cultural identity through their differences and not despite them. From the general theory of minority rights and understanding differences from the perspective of respect for human dignity, the first part of the article offers theoretical legal arguments for an adequate protection of cultural identities in court. The second part illustrates different methodologies of cultural expertise used by foreign courts for a fair balancing of conflicting rights, with the ultimate aim of promoting legal guarantees for the protection of cultural diversity and extending the culture of diversity in the judiciary.