CYIL 2012

HUMAN RIGHTS PROTECTION AND MULTICULTURALISM: A MONTENEGRO PERSPECTIVE Forced assimilation is forbidden by article 80 of the Constitution of Montenegro, in harmony with international law, i.e. article 5 of the Framework Convention for the Protection of National Minorities. The term “(forced) assimilation” includes direct, visible, unambiguous acts or omissions which are aimed at erasing the identity of these minorities, such as writing names in the language and alphabet of the majority, which are different from the minority language and alphabet, for example. There are, however, those subtle methods, measures and techniques, which, in an apparently non-violent way, influence the changing of the identity of minorities, such as, for example, guaranteeing a better job if one changes his/her name, nationality, religion or mother tongue. They are usually connected to the omission or failure to do an action, usually in the area of providing for additional measures of affirmative action, creating the illusion that this is a normal situation for all and equal treatment for the whole population. In such a situation it is an indirect assimilation due to the omission which occurred and prevented protection of identity, for example if the State fails to implement measures to correct the name of a person belonging to a minority in the language and alphabet of the minority. All in all, prerequisites for the preservation of multiculturalism and minority identity can be divided into social and legal conditions. The social conditions are related to education, employment, bi/multilingualism, and participation in public life. When a minority lives in a country whose culture is different from the majority, there is a tendency of most of the majority to impose their standards and values. This can lead to loss of minority cultural characteristics, which could result in assimilation of minorities into the majority culture, deleting all the differences. Legal aspects of preserving identity are related to international legal norms and standards, as well as national law. Basically, if the rule of law over interests and over powers is guaranteed in a state, multiculturalism and the preservation of minority identity are protected categories. In light of all that is written above, it is evident that Montenegro is on a good path to become an example of a successful case of integrating minorities into society as a whole. 4. Instead of the conclusion: looking forward Acceptance of the concept of multiculturalism and the right to cultural diversity is a precondition of modern democracy, which is the aim of Montenegro. It is consistent with human dignity as the material source of all human rights and principles, such as the rule of law, integration, non-discrimination, prohibition of assimilation, affirmative action. The right to cultural diversity implies the right to protection, promotion and preservation of all, but especially minority identity. It is a human right of the modern age, where being different must not mean being a target of persecution and

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