ABSTRACT
The idea of criteria for ordering the recognition of the cultural element has been explored more carefully in the scholarship. This chapter discusses cultural test, with which judges could proceed to the framing of multicultural conflicts. The “objective” test part should include a determination of the level of importance that the practice plays within its cultural system, measured along dual axes: whether the practice is “essential” and whether it is “compulsory” or merely “optional.” One of the constitutional and philosophical justifications that underlie cultural recognition is the fact that the minority has been or is a victim of injustice. The need of consulting a cultural expert to clarify the objective part of the test raises some practical issues: the lack of available experts on that specific group in the country, the time needed to release the cultural expertise, and its costs.
