Minority Rights

The relations between the majority and minorities in a democracy have been standardly viewed as the main subject matter of toleration: the majority should refrain from using its dominant position to interfere with some minorities’ practices or beliefs despite its dislike or disapproval of such practices or beliefs. Can the idea of toleration provide us with the necessary resources to understand and respond to the problems arising out of majority/minorities relations in a democracy? We reply in the negative and make (...) two main claims: first, that resorting to toleration is not enough to make sense of the problems deriving from the unequal participation of minorities in society, and, second, that it risks sanctioning the asymmetric relation between the majority and minorities informed by the negative judgement of the former towards some belief or practice of the latter. We suggest resorting instead to the idea of equal opacity respect for persons: all persons should be treated equally as moral agents, in accordance with their equally possessing the capacity for self-legislation, and as if they were opaque to our judgement for all those properties of theirs which exceed moral agency. Looking at the majority/minorities relations through such a lens enables us to understand (and appropriately respond to) what is problematic in such relations: the majority often fails to treat minorities as moral agents by failing to take their voices into account on an equal footing, by seeing them merely as recipients of certain provisions affecting them rather than their authors, and by considering them as legitimately exposed to the majority’s (negative) judgment. The purchase of our argument is illustrated by reference to two minorities whose treatment is paradigmatic of the problematic nature of majority/minorities relations across Europe: Muslims and Roma. (shrink)

The question of why group-differentiated rights might be a requirement of justice has been a central focus of identity politics in recent decades. I attempt to bring some clarity to this discussion by proposing a typology to track the various ways in which individuals can be harmed or benefited as a consequence of their membership in social groups. It is the well-being of individuals that group-differentiated rights should be understood as protecting, and so clarity on the relationship between group membership (...) and well-being is vital. One of the problems with the way in which such justifications have often been formulated in the past has been that they inadvertently position the group as a handicap to be overcome, rather than a value to be protected. I seek to overcome this limitation by clearly specifying the circumstances under which group membership is a liability, and the circumstances under which it has value. While this distinction is important, in both cases there is a relevant interest at stake, and thus the groundwork can be laid for a defence of group-differentiated rights. (shrink)

This chapter articulates how people understand “microaggression” and offers a clarifying augmentation of that account. It attempts to define disability, and then talk through how analysis connects with the very few discussions of microaggressions within the context of disability. The chapter introduces the case of “Disabled But Not Really.” It leverages previous analysis to show how microaggressions’ mixed legibility is crucial to their role in maintaining an epistemology that polices disability in general and disabled people in particular. The chapter discusses (...) the ramifications this has for future analysis of both microaggressions and disability. It highlights the specific challenges faced by persons at the junction of multiple oppressed identities. Ontologically, the commitment is the rejection of the medical model of disability where “disabilities are just particular kinds of bodily malfunction”. The focus within that ontological analysis is primarily concerned with the social/political consequences of disability. (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend...

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...) acts. If we accept that our social identities are in large part constituted by the decisions we make about how to speak, language loss, then, will amount to a substantial infringement on our autonomy in a particularly important domain. (shrink)

One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. Indeed, a (...) careful examination of recent French and Canadian laws which impede the members of cultural minorities from freely practising their religion reveals that the state can hide its discriminatory aims by cloaking the policies it enacts in neutral language. In order to avoid the problem of false neutrality, I contend, liberal neutralists should defend a combination of neutrality of justification and neutrality of aim, and operationalize neutrality of aim through a practical test that has been a defining feature of American jurisprudence on religious freedom in the last thirty years: the general applicability requirement. (shrink)

Cet article se propose de situer le livre Situation de la France (2015) de Pierre Manent dans le débat contemporain sur la gestion de la diversité religieuse, et ce, à partir de deux principales thèses interprétatives. La première thèse est que le modèle de Manent s’appuie sur une forme de collectivisme méthodologique. La seconde thèse est que la place que Manent accorde au discours religieux dans la « conversation civique » est justifiée par une volonté de faire contrepoids à la (...) primauté qui est généralement accordée au discours des droits de la personne dans les sociétés libérales contemporaines. (shrink)

Depuis 2006, le Québec débat âprement des règles gouvernant la laïcité de ses institutions et se trouve confronté à deux modèles apparemment irréconciliables : le républicanisme « jacobin » et le libéralisme individualiste, issus respectivement de la France et du Canada. En s’inspirant de la pensée du philosophe politique John Rawls, les auteurs proposent ici d’explorer une voie médiane mieux adap­tée à l’expérience québécoise. Dans ses travaux tardifs, Rawls met en avant une forme de libéralisme républicain affranchi de l’indi­vidualisme normatif (...) de Kant et de Mill et récuse le paternalisme qui vise à imposer aux citoyens une certaine éthique de vie. Tout en étant neutre à l’égard des conceptions individualiste et com­munautarienne de la personne, il cherche à équilibrer les droits collectifs des peuples avec les droits individuels des personnes. -/- C’est donc une conception strictement institutionnelle de la laïcité que présentent les auteurs, qui redéfinissent au passage l’interculturalisme, la liberté rationnelle et le consentement, ainsi que l’expérience religieuse, qui devient hybride, à la fois subjective et objective. En se servant de Rawls, ils expliquent clairement pourquoi l’expression de la religion fait partie de la liberté reli­gieuse, mais aussi pourquoi il faut faire la distinction entre les objets qui relèvent des libertés fondamentales et ceux qui sont sujets à des accommodements. Ils tracent ainsi une authentique troisième voie, qui pourrait bien faire sortir de l’impasse le débat québécois sur la laïcité. (shrink)

This paper briefly highlights a small part of the work being done by Indigenous groups in Canada to integrate science into their ways of knowing and living with nature. Special attention is given to a recent attempt by Mi'kmaw educators in Unama'ki (Cape Breton, Nova Scotia) to overcome suspicion of science among their youth by establishing an 'Integrative Science' (Toqwa'tu'kl Kjijitaqnn, or 'bringing our knowledges together') degree programme at Cape Breton University. The goal was to combine Indigenous and scientific knowledges (...) in a way that protects and empowers Mi'kmaw rights and lifeways. (shrink)

In this article, the author analyzes the term "power-sharing" in the context of power exercised within a state. He first examines the term in the very general sense, in which it can be applied to all types and dimensions of sharing of power between various groups and institutional entities. Second, the author examines the meaning of the term in the narrow sense, that is, the phenomenon of systemic sharing of power by groups (segments) whose membership is based on ascribed criteria (...) such as common ancestors, relatives, or racial background, and/or cultural ones such as a common language, religion, or celebrations. The basic segmental units in this sense are nations (understood in the sociological sense), ethnic groups, or religious and denominational communities that form part of divided societies. Third, the article shows the differences between the principal models (types) of power-sharing in the narrow sense: consociationalism, centripetalism, and hybrid power-sharing. (shrink)

Diese Rezension widmet sich Plamen Makarievs Werk "The Public Legitimacy of Minority Claims. A Central/Eastern European perspective" und der Frage, wie Minderheiten ihre Bedürfnisse und Rechte in einer Weise legitimieren können, die es der Öffentlichkeit unmöglich macht, diese zu ignorieren.

In the face of the Brexit vote and the election of Trump, there is serious worry about whether the liberal, democratic, and cosmopolitan values thought to underlie progressive immigration policies are in fact widely shared. In this article, I examine these worries and provide suggestions about how those who do favor just progressive immigration policies might best respond to the problems we currently face.

Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have distinct senses, (...) yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then arises: (...) why can aboriginal people, unlike other citizens, have special hunting rights? If indigenous people are to have the right to hunt a particular species that other citizens are denied, then it presents a significant challenge to philosophers to explore the moral grounds that justify such a special right. This exploration is the subject of the current paper. (shrink)

J’aborde tout d’abord l’objection relativiste aux droits humains, afin de pouvoir ensuite me concentrer sur d’autres questions soulevées par la question des droits humains et des minorités culturelles. Le but de ma discussion est d’identifier et d’interroger les tensions potentielles entre minorités culturelles et droits humains, afin de montrer en quoi les droits humains peuvent protéger les minorités culturelles et, ultimement, de problématiser la manière dont cette protection peut se déployer. Dans ce but, je commence par clarifier deux notions-clés de (...) ce débat : les minorités culturelles et les droits différenciés selon l’appartenance à un groupe, en en proposant une typologie. J’examine ensuite dans quelle mesure les aspects collectiviste et particulariste des droits différenciés se trouvent ou non en tension respectivement avec les aspects individualiste et universaliste des droits humains. Prenant comme points de référence quelques droits humains particuliers, je me penche enfin sur la situation de certaines minorités culturelles dans les démocraties libérales occidentales pour dégager les conditions délibératives de la réalisation de ces droits humains. Au fil de ces trois sections, une de mes préoccupations est de mettre en lumière les enjeux méthodologiques qui sous-tendent ces différents débats et de montrer la nécessité d’adopter une approche améliorative. I first address the relativist challenge to human rights, so as to be able to focus next on other questions raised by the question of human rights and cultural minorities. The aim of my discussion is to identify and to question the potential tensions between cultural minorities and human rights, in order to show how human rights can protect cultural minorities, and ultimately to problematize the way in which this protection can take place. To that end, I start by clarifying two key notions in this debate : cultural minorities and group-differentiated rights, by proposing a typology. I then examine to what extent the collectivist and the particularist aspects of group-differentiated rights are in tension respectively with the individualist and the universalist aspects of human rights. Taking as reference points a few particular human rights, I turn, finally, to the situation of certain cultural minorities in western liberal democracies to draw out the deliberative conditions of the realization of those human rights. Throughout all three sections, one of my concerns is to shed light on the methodological stakes underlying those different debates and to show that we should adopt an ameliorative approach. (shrink)

My intention in this paper is to reframe the practice of veiling as an embodied practice of self-development and self- transformation. I argue that practices like these cannot be handled by the choice/chance distinction relied on by those who would restrict religious minority accommodations. Embodied self- transformation necessarily means a change in personal identity and this means the religious believer cannot know if they will need religious accommodation when they begin their journey of piety. Even some luck egalitarians would find (...) leaning exclusively on preference and choice to find who should be burdened with paying the full costs of certain choices in one’s life too morally harsh to be justifiable. I end by briefly illustrating an alternative way to think about religious accommodation that does not rely on the choice/chance distinction. (shrink)

When groups feature in political philosophy, it is usually in one of three contexts: the redressing of past or current injustices suffered by ethnic or cultural minorities; the nature and scope of group rights; and questions around how institutions are supposed to treat a certain specific identity/cultural/ethnic group. What is missing from these debates is a comprehensive analysis of groups as both agents and objects of social policies. While this has been subject to much scrutiny by sociologists and social psychologists, (...) it has received less attention from a normative and philosophical point of view. This volume asks: what problems are posed to political philosophy by a collection of individuals who act or are treated in a collective way? Focusing not only on ways in which institutions should treat groups, but also on the normative implications of considering groups as possible social agents, when acting either in vertical relations with the state or in horizontal relations with other groups (or individuals), this book explores these issues from both theoretical and practical perspectives, combining questions about the nature of groups, and their social and political impacts, with the particular, pressing considerations to which such groups give rise. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled to these rights in the same way (...) as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as discussed in Miodrag Jovanović’s book, Collective Rights: A Legal Theory. Jovanović argues for a role for value collectivism in elucidating a rationale for the entrenchment of rights held by what he conceives of as pre-legally existing groups with interests not reducible to those of their individual members. This approach can offer an explanation for the entrenchment (...) of minority educational rights and Indigenous rights. The article extols Jovanović’s attempt to grapple with an explanation for rights not explained within standard liberal theory, even in Will Kymlicka’s attempt to justify minority rights within liberalism. The review also critiques the argument offered by Jovanović. First, the review argues that a full-fledged adoption of value collectivism is not necessary to provide a justification for irreducibly collective rights and that the unnecessary adoption of such a theoretical construct may, in practical terms, work counter to the ongoing entrenchment of the rights it seeks to justify, thus becoming what it will categorize as a ‘self-threatening theory’. Second, the review argues that Jovanović’s stark division of rights held by pre-legally existing groups and legally constituted collective entities undermines his account’s ability to explain collective bargaining rights of trade unions that are entrenched in some jurisdictions. (shrink)

Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting the claim that language rights should be considered (...) as human rights is the widespread belief that language rights are collective rights. In order to address this kind of objection, the collective character attributed to language rights must be carefully assessed, distinguishing two different views of what a collective right is. (shrink)

The objective of this article is to consider how multiculturalism, minority rights, and nationbuilding have been defended by Will Kymlicka. For this purpose, I will first attempt to spell out the answers to the following questions: is it possible to defend minority rights in a liberal state? What is the problem regarding this defence of national minorities? Does anybody benefit from minority rights within a nationbuilding process? In order to find out the answer to these questions, I will first introduce (...) the main line of thought found in Will Kymlicka’s views on the defence of the rights of national minorities, the nationbuilding process, and multiculturalism. Later, I will reassess the views of Kymlicka in finding the ways to defend national minorities with the aim of providing support to the minority cultures. (shrink)

Justifications of group-differentiated rights commonly overlook a crucial practical consideration: if rights are to be allocated on the basis of group membership, how should we determine which individuals belong to which group? Assuming that social identities are fixed and transparent runs the risk of creating further injustices, whilst acknowledging that social groups are porous and heterogeneous runs the risk of rendering group-differentiated rights impracticable. In this paper, I develop a schema for determining group membership which avoids both horns of this (...) dilemma. (shrink)

L’article introduit au rôle de l’efficience dans la génération d’avantages ou de désavantages enregistrés par les minorités. L’objectif est de démontrer que l’efficience devrait jouer un rôle plus important dans le domaine de la justice ethnoculturelle. Pour ce faire, une brève présentation de la place du nombre dans la littérature sur le sujet est offerte, ce qui permet de saisir le fond de l’argument consistant à faire des déséquilibres numériques une source certaine des injustices subies par les minorités, notamment dans (...) une perspective inspirée par l’égalitarisme de la chance. De ce point de vue, l’asymétrie numérique peut toutefois constituer une source d’avantages pour ces groupes. Dès lors, une telle asymétrie, qui est l’un des constituants de la définition de la minorité, prend une autre dimension. Plus que cette asymétrie, il apparaît que c’est l’efficience (la manière dont les groupes gèrent cette asymétrie) qui détermine les conditions et succès matériels des membres d’un groupe donné. Après une discussion des minorités efficientes et dominantes, l’article se conclut par la mise en lumière de quelques pistes de recherche rendues visibles par l’efficience et qui sont pertinentes pour la théorie de la justice en contexte multiculturel. (shrink)

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (shrink)

Despite the declarations of international documents on minority language rights, provision is patchy for supporting minority languages in the UK, where since the 1980s governments have deliberately or unwittingly greatly raised the profile and comparative standing of English. The partial exception to this trend has been the treatment of indigenous/regional minority languages, stimulated by policies of devolution intended to revive or create a sense of national identity, and to redress perceived historic linguistic injustices. In a multicultural state or region these (...) apparently reasonable goals appear to conflict with current views of citizenship that argue for inclusiveness and equal treatment for all under the law. In particular, the question arises why indigenous minority languages should receive official support and funding that is denied to speakers of minority ethnic languages. In this article, I examine various justifications offered for this, including higher population levels, the geographical concentration of indigenous speakers, the long historical ties between regional language and culture, and the notion of promotional rights. I attempt to show each argument lacks force and ignores the fact of natural language change. I argue for an approach to indigenous languages that weights support and funding according to a range of factors including the number of minority speakers, their perceived need and the benefits that would flow from funding. Support from the local community and private sources could also be encouraged. (shrink)

Kymlicka believes that it is Walzer's idiosyncratic approach to categorization—more than his controversial theory of justice-as-common-meanings—which explains his relatively marginal role in the multiculturalism debate.

Shvaćajući kulturni pluralizam kao činjenicu suvremenog liberalno demokratskog društva, uočava se njegova problematičnost u odnosu na same liberalno-demokratske ideje. Demokracija polazi od prava većine, a liberalizam polazi od pojedinca kojemu su osigurana temeljna prava i dužnosti zanemarujući činjenicu njegova mogućeg pripadanja manjinskoj kulturi. Može li se odgovor na zahtjev kulturne različitosti pronaći isključivo u teoriji ljudskih prava ili je potrebno dopustiti postavljanje posebnih prava za pripadnike različitih manjinskih kultura? Je li takva posebna prava dovode u pitanje ideal jednakosti koji se (...) oduvijek smatrao temeljem pravednih odnosa? Will Kymlicka, polazeći sa svog liberalnog stajališta, navodi kako jedna obuhvatna teorija pravednosti u multikulturalnom društvu treba uključivati i opća prava, koja su pripisana svim pojedincima bez obzira kojim skupinama pripadali, ali i određena grupno-diferencirana prava ili »specijalni status« za manjinska prava.Understanding cultural pluralism, as a fact of the modern liberal democratic societies, it is problematic regarding the very liberal democratic ideas. Democracy starts with the majority rule, and liberalism is based on the individual, whose basic rights and duties are ensured, disregarding the fact of possible belonging to a minority culture. Can the answer to the demand of cultural diversity be found exclusively in the human rights theory or must we allow the setup of special rights for the for the members of different minority cultures? Do such “special rights” question the ideal of equality that was always considered to be a base of justice? Will Kymlicka, starting from his liberal standpoint, states that a comprehensive theory of justice in multicultural society must include both the general rights ascribed to all individuals, regardless of which groups they belong to, and the specific group-differentiated rights or “special status” for minority rights. (shrink)

Should states extend customized political protections to 'minority nations' or 'minority cultures'? Part of the answer depends on whether the identities at stake are merely political artifacts created or exploited by 'ethnic entrepreneurs', or whether they are 'authentic' expression of an ongoing collective life. This essay argues that the real character of groups is persistently difficult to recognize, and that 'authenticity' is a problematic notion even in the abstract. Given these uncertainties, the essay argues that states should generally treat only (...) the claims of small and vulnerable groups as moral issues, while treating the claims of large groups primarily as political matters. The essay closes with a discussion of the legal criteria for recognizing Indian tribes in the United States, arguing that the standards used are generally plausible, if problematic in one key detail. (shrink)

This paper is dealing with a contradiction in the theory and policy of minority rights: on the one hand the claims for such rights are justified by recognizing the value of the cultural identity of minority groups, on the other – the recognition of such a value implies an acceptance of a conservative and isolationist view onminority identities. Characterizing the latter view as essentialist I explore several alternatives for approaching the issue of minority rights in a different way and finally (...) I reach the conclusion that one more convincing method of identifying the cultural needs of minority groups and the rights necessary for satisfying these needs could be the technique of public deliberation. Its application for this purpose could make the negotiating of group-specific rights much more flexible and politically unproblematic than at present. (shrink)

This paper focuses on the nature of cultural group rights in relation to individual rights. The recent liberal acceptance that minority cultures should have a collective power over their cultural matters has been challenged by other liberals on the grounds that cultural rights as group rights cannot be reconciled with the basic moral and political principles of liberalism which are derived from individual liberties and rights. Through tackling some liberal arguments against group rights, we reject the view that regards group (...) rights as normatively and practically incompatible with individual rights, and argue that group rights can be defended and justified on the ground that the interests and values protected through them are the shared interests and values of individuals. Thus, whether they are exercised individually or collectively, justifications of all group rights are derived from the interests and values that individuals have as members of the group. Like any other rights, cultural group rights also have some limitations. That is, the rights of a group to preserve its culture are limited by individual human rights, the rights of other relevant groups and the state. (shrink)

This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might be institutionalized more successfully.

In the postcolonial era, we have witnessed waves of mass immigration. Consequently, many states are no longer associated with just one or two national languages. Newly formed immigrant minorities raise demands for language rights, alongside national minorities, which raise similar demands.Such a complex situation exists, for example, in Canada, where only French and English are declared official languages although there are other languages, such as Chinese, which are spoken by large communities of people. My paper addresses the general question of (...) which linguistic minorities are most entitled to comprehensive language rights. Will Kymlicka distinguishes between national minorities, which he regards as deserving of comprehensive language rights, and immigrant minorities which are not. Many scholars challenge Kymlicka’s distinction. However, none of them have suggested alternative criteria for distinguishing minority languages that are entitled to protection from minority languages that are less entitled to protection. In my paper, I suggest such a criterion. My alternative criterion is based on the intrinsic interest people have in protecting their own language as the marker of their cultural identity, thus, comprehensive language rights are to be accorded to linguistic minorities that possess the strongest intrinsic interest in the protection of their language as their marker of cultural identity. I apply my criterion to the Israeli case, in which there are two dominant linguistic minorities: the Arab national minority and the Jewish Russian immigrant minority. Relying on general criticism of Kymlicka’s distinction, I argue that this distinction is not applicable to the Israeli linguistic case. Applying my alternative criterion to the Israeli case, I argue that Israeli Arabs have a stronger interest in Arabic than the Russian Jewish minority has in Russian because Arabic constitutes Israeli Arabs’ exclusive marker of identity. (shrink)

Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by examining the theory (...) and practice of minority rights law in these vastly different settings. (shrink)