Canadian Federalism, Cultural Diversity and Conceptions of Fundamental Rights

Abstract

It is often said that human rights, as enshrined in major international instruments such as the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights, are particular to Western culture and convey cultural values that, far from being universal, are antithetical to radically different cultures, such as Asian or Middle East cultures. However, these arguments overlook the question of how different conceptions of human rights may coexist within a single Western country. Canada provides an interesting case of a multinational State where federalism results in the autonomy of one national group, French-speaking Quebeckers, and where special rights are granted to the indigenous peoples.In this paper, I will attempt to verify whether there are differences between the conceptions of human rights held by the majority English-speaking group and those held by Quebeckers (especially French-speaking Quebeckers) and the indigenous peoples. I will then outline the interactions between those conceptions and highlight their areas of conflict.