LOS DERECHOS CULTURALES, LA DIVERSIDAD CULTURAL Y EL ESTADO

el liberalismo monocultural, el multiculturalismo liberal y el inteculturalismo radical

Abstract

Cultural rights aim to protect the legitimate interests of cultural minorities. Cultural rights are one of the primary instruments that contemporary States have to recognize and accommodate cultural minorities. This article seeks to describe and analyze the constitutive elements of cultural rights, their fundamentals, and the constitutional models they are immersed in. To meet this objective, the article is divided into three parts. In the first, I examine the monocultural liberal constitutional model. This model does not accept cultural rights, but it is the primary theoretical and practical adversary of the constitutional models that do. In the second part, I analyze the multicultural liberal constitutional model. This is the model within which "classic" cultural rights such as the right to cultural integrity, cultural minorities' right to self-government, and the right to prior consultation arise and are founded. In the third and last part, I explore the radical intercultural constitutional model that reinterprets the role that cultural rights must play within a multicultural State, creates new cultural principles and rights, and reimagines the structure that a multicultural State should have.