ABSTRACT

In responding to demands for an effective protection of fundamental rights in a contemporary multicultural society, an unbreakable link between constitutional theory and constitutionalism needs to be reinforced through intercultural research, even in the legal field. Today, all cultures demand equitable treatment, articulated in fundamental rights and a State organization, so as to clearly emphasize pluralism in both social groups and in the very sources of its legal order. To avoid solipsism, and every old and new form of ethnocentrism, the correct approach to interpret social phenomena, in its historical dimension, is that which derives from the combination of cultural relativism and pluralist principle. Human rights recognition based on consensus at the international level is helpful in the prevention of any form of human rights neo-colonialism, which disregards the respect of any community for its own culture. Moving from the Asian to the African continent, various interesting examples show evidence of African originality, even in the field of human rights.