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TOWARDS A PORTUGUESE MULTICULTURAL JURISPRUDENCE

Contemporary societies have witnessed the phenomenon of globalization filed by an unprecedented need to assert subjective identities, communal traditions, and religious values. Interestingly, the closer contact with other human groups and individuals – provided mainly by the virtual web – raised a global differentiation trend. Such a trend has multiple impacts on judicial settings, making the ‘multicultural jurisprudence’ (Foblets and Renteln, 2009) a significant one. Multicultural jurisprudence lato sensu refers to legal decisions that address – in a way or another – ‘cultural’ or religious practices of the involved parties. On a global basis, courts and tribunals have been challenged to tackle diversity-related issues in various situations and places – at schools, workplaces, and courtrooms. In that regard, one of the most outstanding examples was the Lautsi case (Lautsi v Italy, Application 30814/06, 2011), in which the European Court of Human Rights was asked to decide whether the legal requirement that Italian classrooms display a crucifix violates human rights law. By taking a contextual approach to this global phenomenon, this presentation provides a snapshot of the social and legal struggles related to framing the different types of diversity issues in the Portuguese legal system. “Torn between its European body and its Atlantic/lusophone soul” (Jerónimo 2015), Portugal represents the evolving quest of conviviality between contrasting identities, affiliations, and allegiances. Topical issues concerning this Iberic country are immigration, gender, and transnational religious movements.