Minority Recognition and the Diversity Deficit: Comparative Perspectives

Description

This book addresses one of the most serious societal questions of our time: how to create new spaces and frameworks for minority recognition given the State-centric sovereignty discourse and the persisting equality jargon that dominate today’s world. By so doing it approaches minority rights by means of a critical engagement with its underlying premises. Notably, it makes attempts to both construct and reconfigure neglected legal categories, in particular, collective rights, and to deconstruct domestic constitutional orders. More precisely, it does so through diametrically opposed levels of analysis, that is top-down and bottom-up logics, by exploring sociolegal strategies, forms and formats of governance on the one hand, and grassroots demands on the other. Drawing on empirical findings in Europe and Latin America, the book gives us a sense of how recognition needs to be contextualised against the background of right-wing trends in Europe and the re-building of the State in the Andes. This is a fascinating study of one of the key questions engaging human rights, minority studies and discrimination law. Foreword Preface Contents List of Contributors 1. Introductory Remarks: Minority Recognition and its Transformative
Potential – Critically Engaging with the Diversity Deficit 1. The Book in a Nutshell: A Shifting Approach In/To Minority Studies 2. Top-Down Approaches In and By the Law: Minority Group Recognition and Legal Categories 3. Minority Governance from Below: Autonomy, Self-governance, Civil Society and Indigenous Movements as Ingredients of Societal Transformation 4. Disentangling Recognition and (De-)Classifying Minorities: Responses from Diversity Governance 5. Ways Forward in the Never-Ending Struggle for Minority Recognition: Attempts to Bypass the Status Quo PART I: THEORISING RECOGNITION: (DE)CONSTRUCTING
MINORITIES IN THE LAW AND ELSEWHERE 2. Making Social Groups Visible to and in Law - Essentialisation and Law's Generality 1. Introduction 2. Social Groups in the Legal Landscape: Terminological and Conceptual Clarifications 3. The 'Essentialisation' Charge 4. Essentialisation and Law's Generality 5. Instead of Conclusion: Is There a Way Out? 3. Politicising Differences, Fighting Inequalities: Quilombolas in Brazil1 1. Introduction 2. Recognition–Redistribution, Categorical Inequalities,
Vertical and Horizontal Inequalities 3. Articulating Differences and Inequalities 4. The Quilombola Articulation 5. Conclusions 4. Collectivising Human Rights or Scales of Collectivisation: Andean Constitutionalism and other Juridical Points of Departure 1. Forums of Categorisation: The Judicialisation of Collective Rights in the Multiscale World of Legal Orders 2. Collectivisation Through Supranational Judicial Dialogue or as its Manifestation 3. Vindicating Collective Rights: Standing as a Debate in its Own Terms 4. Collectivisation Compared: Establishing Scales, Developing Indicators - Towards a Genuine Sui Generis Order? 5. Closing Remarks PART II: PLURALISM FROM THE TOP AND BELOW:
THE MULTIPLICITY OF PARADIGMS OF RECOGNITION 5. Why Do the Old-Established Nation States Fail to Recognise Minorities? Case Studies from France 1. Introduction 2. But What About Constitutions? 3. Minorities, Nations and States in Europe 4. The French Case 5. Can We See Some Forms of Multiculturalism in France? A Historical Account 6. Conclusion 6. Participation of Minorities in Public Life: The Political Background and Central Role of Minority Self-governments in Hungary 1. Introduction 2. Minority Rights, Effective Participation and Cultural Autonomy - International Standards 3. Minority Self-governments in Hungary as a Form of Political Representation 4. A Changing Constitutional Paradigm after 2011 5. Recognition and Representation 6. Electoral Legitimacy 7. Nationality Self-governments and Parliamentary Representation 8. Conclusions 7. State Recognition and Religious Minority Group Agency in a European Context 1. Introduction 2. Pluralising Religious Minority Identity through State Recognition: Some Theoretical and Conceptual Underpinnings 3. The Link Between the Agency of Minority Religious Actors with State Recognition 4. The Evolution of the Role of the State in Shaping the Future of Religious Diversity 5. Religious Minority Recognition within State-Supported Education: A Brief Policy Example 6. Concluding Remarks 8. Is Multiculturalism a Satisfactory Framework to Address Religious Diversity? 1. Introduction 2. Why Should We Protect Religious Diversity? 3. The Rhetoric Death of Multiculturalism 4. A Postmulticulturalism Human Rights Model: Everyday Religious Superdiversity PART III: MINORITY RECOGNITION IN SOCIOLEGAL
STRATEGIES AND FRAMEWORKS 9. Freedom of Expression Revisited: Limiting Free Speech to Stop Silencing Women and Vulnerable Minorities 1. Introduction 2. Hate Speech and the Risk of Elitist Democracies 3. Against Originalism in Constitutional Interpretation: Freedom of Expression in the Twenty-first Century 4. Concluding Remarks 10. Building Bridges between Dismissal Protection and Non-discrimination Law: Reopening the Debate on Equality Principles and Social Groups 1. Antidiscrimination Law and Societal Transformation 2. Dismissal Protection Law as a Tool of Social Justice 3. Antidiscrimination Law versus Dismissal Protection Law Index