In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.

The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Que(e)rying political practices in Europe is the first queer and poststructuralist reading of political rights concepts in the specific European transnational context. In the last thirty years Europe has seen the rise of gay, lesbian, bisexual, and transgender movements fighting nationally and transnationally for participation rights in society. In addition academic theorists have increasingly paid attention to the epistemological and ontological roles gender and sexuality play in modern politics. However, in the political process of arguing for rights the centrality of those roles is mostly hidden from view in official institutional and movement discourses. This book investigates the conceptual themes of lesbian, gay, and transgender rights and lobby politics in Europe and their open and hidden relations to binary and hierarchical orders of dominance. It contributes to an understanding of the conditions upon which politics of inclusion, participation, social justice, and equality rest and why struggles for sexual minority rights have been so difficult and slow. The book illuminates how the paradigms of political discourses constitute, consolidate, and contest the meaning and cultu

This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being ‘the other’ in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.

Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

In recent decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in places characterized by ethnically based political exclusion and inequalities. By introducing the concept of 'Collective Equality' as a new theoretical basis for the law of peace, this timely book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts, and provides potent guidance for advancing justice and peace in such places.

Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a difficult challenge in contemporary liberal democracies. In the quest for neutrality, public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Minority groups must therefore translate their desire for cultural recognition into terms that, ironically, often minimize cultural difference. Intercultural Deliberation and the Politics of Minority Rights examines the relationship between this minority rights paradox and cultural difference, building a compelling case for an inclusive approach to navigating minority rights claims. R.E. Lowe-Walker’s intercultural deliberation is designed to mitigate the injustices imposed by majority norms. Instead of asking what the liberal state can tolerate, she asks how our understanding of difference affects our interpretation of minority claims, shifting the focus from how to limit difference toward inclusive deliberations. This important work thus serves as a measure of social justice and a vehicle for social change.

There are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights - combined with their geographical dispersal and heterogeneous nature - makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.

Partial proceedings of the 19th World Congress, IVR, New York, 1999.

Multiculturalism is not à la mode nowadays. It is attacked by both right-wing populists and mainstream politicians and leaders of liberal democracies. Indeed, conflicts surrounding cultural diversity and recognition are among the most salient issues in contemporary societies. Should liberal democracies recognise specific cultural rights of minorities? If so, should they grant rights only to indigenous national minorities or also to immigrants? Is such a recognition compatible with the basic liberal principle of state neutrality? Practical questions of this kind are in quest of sound theoretical foundations. Alan Patten’s approach to multiculturalism, developed in Equal Recognition (2014), is the most recent and prominent example of such an effort. Considered “the most important contribution to the philosophy of cultural diversity since Will Kymlicka’s Multicultural Citizenship”, Patten’s work elaborates new and original conceptions of culture and liberal neutrality. It reasserts the case in favour of liberal multiculturalism and applies its theoretical framework to concrete contemporary issues, such as language rights, federalism, secession, and immigrant integration. This collection presents a critical review of Patten’s approach to cultural plurality. The critics question the overall normative strategy of Equal Recognition, its account of neutrality, especially with regards to language rights, its assumptions about democracy and, finally, its relevance to public policy debates. It will be of interest to political scientists, philosophers, and legal theorists, and will inspire students and politicians alike. This book was originally published as a special issue of the Critical Review of International Social and Political Philosophy.