Times of uncertainty and possibilities: fundamental rights, multiculturalism and post-structuralism

Abstract

The aim of this article is to develop a post-structuralist interpretation of the relationship between fundamental rights and multiculturalism. Considering the weakening of metanarratives and an increasingly deep cultural diversity that integrates political communities, how can fundamental rights be thought of without resorting to a strong universality, nor surrendering to a form of particularity that makes them specific to a certain culture? The research adopts William E. Connolly’s post-structuralist political theory as a theoretical framework to carry out a non-essentialist reading of fundamental rights capable of maintaining their emancipatory potential amidst the fragmentation of the demands in which they serve as institutional support. The research is conducted through a comprehensive interpretation of some of Connolly’s works, aiming to delineate and appropriate the concepts of ethos, agonistic respect, and critical openness, with the purpose of weaving that reading. The goal is to explore the transformative potential, in an emancipatory sense, of fundamental rights in a multicultural context where various cultures and traditions come into conflict. In conclusion, it is argued that the concepts present in Connolly’s work, by allowing a non-essentialist understanding of politics in the context of current multicultural democracies, contribute significantly to an understanding of fundamental rights not based on essentialist assumptions.