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14.
In fact, there are nowadays many multicultural societies, and the attention due
to the cultural diversity seems to us to constitute an essential requisite to secure the
efficacy of the norms of protection of human rights, at national and international levels.
Likewise, we consider that the invocation of cultural manifestations cannot attempt
against the universally recognized standards of observance and respect for the
fundamental rights of the human person. Thus, at the same time that we affirm the
importance of the attention due to cultural diversity, also for the recognition of the
universality of human rights, we firmly discard the distortions of the so-called cultural
"relativism".
15.
The interpretation and application given by the Inter-American Court to the
normative content of Article 21 of the American Convention in the present case of the
Community Mayagna (Sumo) Awas Tingni represent, in our view, a positive
contribution to the protection of the communal form of property prevailing among the
members of that Community. This communal conception, besides the values
underlying it, has a cosmovision of its own, and an important intertemporal dimension,
in bringing to the fore the bonds of human solidarity that link those who are alive with
their dead and with the ones who are still to come.
Antônio Augusto Cançado Trindade
Judge
Alirio Abreu-Burelli
Judge
Manuel E. Ventura-Robles
Secretary
Máximo Pacheco-Gómez
Judge