CYIL 2012

IVANA JELIĆ CYIL 3 ȍ2012Ȏ History has shown that the preservation of identity and respect of cultural diversity is the best guarantee of stability and world peace. The promotion of multiculturalism has become an imperative of the modern community of sovereign states, whether at the universal or regional level. One of the leading theorists of identity, Bhikhu Parekh, wrote that since almost all societies are multicultural and they will remain so for the foreseeable future, cultural diversity, which can be a source of trouble, can also become a source of great creative possibilities, if it is reasoned in the spirit of multiculturalism. 15 Therefore, the respect for human rights means respecting what each person is,her or his identity, and her or his belonging to a particular national, ethnic, cultural and linguistic community. Furthermore, multiculturalism means the respect, acceptance and promotion of different cultures living in one area or one organized unit or wider community, such as the state. In the political context, it is about representing and advocating for equal status and rights of different ethnic, national, cultural and religious groups. 3. Human Rights in a Multicultural State: is Montenegro a case of successful integration? 3.1 Legislative and institutional background and statistical data Having in mind the above mentioned criteria on the rule of law, Montenegro has made enormous efforts to combat obstacles and has fulfilled most of those requirements. This statement can be justified particularly in regard to the legislative framework, which has been successfully harmonized with European standards. This resulted in opening negotiations with the EU. 16 However, there is still a lot to be done, especially in regard to effective institutional support, which would result in the extinguishment of corruption and organized crime. Democracy, rule of law and human rights are especially emphasized in the Constitution of Montenegro. Montenegro is a democratic state based on the rule of law. 17 After declaring its independence, Montenegro confirmed all generally accepted international standards, as well as European ones, in the field of human rights protection. That also reflects the protection of national and ethnic minorities. Article 9 of the Constitution of Montenegro, 18 which is dedicated to legal order, provides for 15 Parekh, Bhikhu: Rethinking multiculturalism: cultural diversity and political theory, Great Britain: Macmillan Press Ltd., 2000, p. 336. 16 Decision of the European Council of 26 th June 2012. 17 Article 1, par. 2 of 2007 Constitution (Official Gazette of Montenegro, No 01/07): “Montenegro is a civil, democratic, ecological and the state of social justice, based on the rule of law”. Available at: http://www.unhcr.org/refworld/type,LEGISLATION,,MNE,47e11b0c2,0.html 18 Article 9 of the 2007 Constitution: “The ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall apply directly when they regulate relations differently than the national legislation.”

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