A community of paradigm subjects? Rights as corrective tools in culturally contested claims of recognition in Europe

This article analyses the role of rights in human rights jurisprudence dealing with recognition of identities and cultural diversity in Europe. Using examples of selected case law of the European Court of Human Rights, it discusses the understanding of rights and their impact on the notions of community and recognition. It critically evaluates the recourse to the notions of a closed, established community and the defence of the established status quo in culturally contested conflicts. It analyses claims articulated by those framed as standing outside the narrow confines of such a cultural community. By reference to critical perspectives, the article illustrates how rights operate with categories of paradigm and foreign subjects and regulate respective entitlements of these subjects to enjoy rights. It demonstrates how these categories impact upon the notion of a community and how the narrowing of its boundaries limits the possibilities of belonging of foreign subjects. The article argues that these categories embedded in rights regimes lead to a mutation of rights from tools of inclusion to tools of correction. In their corrective function rights rather than serving as tools of ensuring belonging are used for maintenance of established identities and cultural regimes of power. In the final section by reference to the latest judgments of the same Court expanding rather than narrowing the understanding of a community, the article examines whether rights can reach beyond these subjectivities and offer possibilities of renegotiating the established regimes of cultural power.     

Trying Islam: Muslims before the European Court of Human Rights

This paper examines the reasons why the European Court of Human Rights remains ineffective in protecting the freedom of religion, especially as this issue applies to Muslims. I discuss these reasons under four broad categories: religion-specific, non-Christian religion-specific, and Islam-specific. First, there are problems that adversely affect everyone's freedom of religion. Despite expansive rights for the freedom of religion and belief that are provided in the European Convention on Human Rights and Fundamental Freedoms, the Court has devised some methods that largely limit the scope of these rights. Second, these problems are much more salient in the Court's dealings with non-Christian religious traditions. Third, I claim that among these non-Christian relations, the Court's handling of cases involving Muslims is particularly problematic because of fears both about Islam and Muslim visibility and demands. Fourth, the Court's desire to promote the principle of secularism has allowed it to ignore government's “assertive secular” policies even when such policies conflicted with human rights of Muslim individuals.     

The ‘nuclear family paradigm’ as a marker of rights and belonging in transnational families

This article examines the legal regulation of transnational families in the context of family reunion. In defining the legal categories of ‘family’ and ‘child’ the law bases its understanding of the family and family life on the image of the nuclear family, which is perceived as a fundamental and natural unit of society. This understanding of the family, the ‘nuclear family paradigm’, has important implications for transnational belonging. This article focuses on these implications in the context of family reunification. In the case of a married minor child, the ‘nuclear paradigm’ is used to legitimate a line of legal reasoning that takes into account neither human rights norms nor the social reality of relatedness. Yet in certain other cases of family reunion, namely in the case of (suspected) marriages of convenience, the social reality of the relationship is a decisive factor determining the right to family reunion. The argument presented in this article is that through the ‘nuclear family paradigm’, the conceptual framework of private law concerning recognition is smuggled into public law and treated as universal while at the same time the legal reasoning on family reunion remains quite capable of examining de facto family life in order to refuse the rights that would otherwise follow from recognition of a marriage.     

‘Mixed’ Japanese-Filipino identities under Japanese multiculturalism

ABSTRACT

The ways in which multiculturalism is debated and practiced forms an important frame for ‘mixed’ ethnic identities to take shape. In this paper, I explore how young migrants of Japanese-Filipino ‘mixed’ parentage make sense of their ethnic identities in Japan. My key findings are that dominant discourses constructing the Japanese nation as a monoracial, monolingual and monoethnic nation leave no space for diversity within the definition of ‘Japanese’, creating the necessity for alternative labels like haafu or ‘mixed roots’. Japanese multiculturalism does not provide alternative narratives of Japaneseness but preserves the myth of Japanese racial homogeneity by recognizing diversity while maintaining ethnic and racial boundaries. Lastly, these categories have not been actively questioned by my respondents. Rather, they show flexibility in adopting these various labels – haafu, ‘mixed roots’, Filipino, Firipin-jin – in different contexts.     

Oh,give me a home: diasporic longings of home and belonging

The conversations surrounding an ephemeral home – left behind decades ago or perhaps never even visited – always and continually begs the question: why? Why do we constantly talk about geographies to which we have little or no connection with such nostalgia and fervor? Why do immigrants pick a distant space and mark that territory as home, even as we settle into the spaces we presently occupy and slowly begin the journey toward some form of assimilation? Framed by these questions, this essay attempts to articulate – through a multi-site analysis including interviews, literary and media texts – how identities are shaped through – and in relation – to the nostalgic longings of non-white immigrant experiences. The essay contends that this nostalgic longing is constructed as a response to racial relationships in the United States that identifies non-white, in this instance South Asian Americans, as aliens and others who should go back home.     

From displaying to becoming national heritage: the case of the Pousadas de Portugal

Nationalism and tourism have long mobilised heritage in the making and marketing of identities. This article examines the social production of the Pousadas de Portugal – a state-owned chain of tourist accommodations operating since 1942 that embodies an idea of national identity – shedding light on the official and intellectual reconfigurations of narratives about the nation's past and its culture. It argues that, from displaying national heritage, the Pousadas have become heritage themselves through a process of renationalisation grounded in long-standing meanings and representations.     

Disobedient subjects – constructing the subject,the state and religion in the European Court of Human Rights

In this article, I analyse how the law participates in the (re)production process of the subject, the state and religion, and how the law's indefiniteness allows various constructions of them all. In the first part of the article I discuss the Islamic headscarf cases of the European Court of Human Rights as examples of how the discursive constructions of the state and the subject can be challenged by means of disobedience. Here the focus is particularly on Turkey and on France, where the principle of secularism is largely regarded as the basis of the republic and of the national identity. The law provides an arena where the disobedient subject and the state can challenge and re-establish the prevailing conceptualizations of the subject. In the second part of the article I address the Court's alleged Islamophobia. I explore how the constructions of the state and the subject contribute to the way religion is framed in the Court's argumentation in relation to the freedom of religion guaranteed under Article 9 of the European Convention on Human Rights. The analysis shows that religion can be framed as a personal belief system, a cultural tradition, or politics which, in turn, affects the course of legal argumentation. I conclude that the Court can plausibly be accused of Christian bias, but that this conclusion is often based on insufficient analysis of the Court's case law. This article contributes to the interdisciplinary discussion on the headscarf bans from the socio-legal perspective. The aim is to explore what, besides providing legal solutions, the law does.     

中国民族政策的价值取向:全面保障少数民族人权

人权是权利的最一般形式,民族政策的制定和实施体现了国家对少数民族人权的理念的认知,体现了不同的价值取向.不同的人权理念和价值取向决定了制定和实施不同的民族政策.中国的民族政策的价值取向体现了全面保障少数民族人权的理念,是较好地解决民族问题的内在基础.     

论少数民族人权的特殊保护——从国际人权立法与实践视角

对于少数民族人权的保护,国际和区际人权保护中一般都采取了"一般人权" "特别保护"模式。而特殊保护又包括"特殊权利 特殊保护措施(狭义特殊保护)"的模式。系统地认识国际人权立法与实践中的少数民族特殊保护措施,对我国少数民族人权保护有着重要的借鉴意义。本文拟对少数民族人权狭义特殊保护从其内涵、特征、内容、限度等方面展开论述。     

Pride and prejudice: opposing constructions of mixed race in Australia

ABSTRACT

In the Australian context, the development of a ‘situated politics of mixedness’ is complicated by the fact that there are (at least) two main categories of mixed race populations – the Indigenous and the migrant/settler. For those with mixed Aboriginal/non-Aboriginal ancestries, and those with mixed White and other migrant ancestries, life chances and identities differ significantly. This paper outlines some of these differences using the trope of pride and prejudice. For those of mixed migrant/settler heritage, evidence is growing that the mixed experience is predominantly one of pride. For them, misrecognition, or being asked about their racial background, is an opportunity for play, often resulting in ‘the big reveal’ of a valorised mixed identity associated with something other than a bland ‘white bread’ Australian-ness. For those of mixed Indigenous heritage however, there remains a significant level of prejudice, not (only) for being Aboriginal, but for not being visibly Aboriginal enough. Using existing studies and a number of media controversies as examples, this paper interrogates the implications of these differences for understandings of the ways in which race is recruited in the construction of legitimate identity claims. It asks particularly how ‘mixed race’ is helpful analytically to describe the identity constructions within these two very different experiences.     

Expanding the ‘social’ in ‘social identity’

Not enough consideration has been given by some texts in the field of ‘social identity’ to the task of defining society, which is, after all, the notion behind the first half of the field's name. For these particular texts, one very basic definition – ‘society is human interaction’ – is left to stand alone. This paper does not challenge the importance of any of the attempts by these texts (or by any other texts in the field) to describe and analyze the plethora of identities being promoted, invented, or rejected around the world. Rather, it focuses on only the ‘social’ component in ‘social identity’, arguing that the field as a whole would be stronger if all its contributors, or at least the great majority of them, granted this component a more important role. In particular, the paper offers the field three definitional possibilities it might usefully add to the ‘society is human interaction’ definition.     

Editorial note

The paper addresses the recent flurry of beauty pageants as reintegration rituals which specifically aim at the symbolic integration of some stigmatized embodied identities: Miss HIV (Botswana, Uganda, Nigeria, Zimbabwe but also Russia), Mr or Ms AIDS (Kenya) and the most recent Miss Landmine (Angola, Cambodia). Common reactions to such events betray a most uncomfortable moral quandary: people seem torn between condemnation, repulsion and a very hesitant acknowledgement of the stated aim of positive re-integration. The paper explores this moral discomfort through its relations to a number of unresolved issues: the ambiguous status of beauty, the complex relationships between stigma and (its lack of) public representation, the multiple uses of beauty pageants as integrative rituals and the importance of beauty practices as a means to re-create meaning and dignity in distressing circumstances. Contestants’ interviews make it clear that they use the beauty pageants as one of the few – or maybe the only – site allowing for personal, social and political affirmation. The necessary collective dimension of these affirmations is linked to the socio-cultural and political contexts of countries just re-emerging from armed struggle.     

Mobile lives,immutable facts: family reunification of children in Finland

The right to family has been confirmed by myriad human rights covenants and it forms an acknowledged part of migration policies. Yet family reunification has become an increasingly contested issue, something reflected in a recent restrictive turn in migration policies throughout Europe. Policy reforms speak of a growing polarity between, on the one hand, adherence to the ‘best interest of the child’ and family life, and on the other, suspicion of fraud. This article examines these tensions via exploration of family reunification procedures in Finland, particularly applications sponsored by minors, thereby drawing attention to the notion of ‘the anchor child’. Drawing on decisions by the Administrative Court of Helsinki as well as interviews with experts and the people concerned, the writers discuss how these polarities are managed in practice, centring their analysis on a quest for truth that deploys various methods, particularly DNA analysis and oral hearings. Ultimately the article highlights an intrinsic paradox in family reunification policies that incorporates the aspiration to produce facts amounting to ‘immutable mobiles’ (Latour, Bruno. 1986. ‘Visualization and cognition: Thinking with the eyes and hands.’ Knowledge and Society 6 (6): 1–40.) and the evident weight of contingent temporalities.     

National identity and attitudes towards immigration in Australia*

Creating and sustaining a shared sense of national identity is important in all societies, but it is especially crucial in societies with large immigrant populations. This paper uses a national public opinion survey collected in Australia to examine how Australians see their identity, and in turn to examine the consequences of these identities for views of immigrants and for party political support. The results confirm international research which shows the predominance of an ethno-national identity based on inherited characteristics, and a civic identity based on achieved characteristics. Both identities have consequences for the Australian public’s views of immigrants – an ethno-national identity leading to negative views of immigrants and a civic identity leading to positive views. In turn, identities and views of immigrants significantly shape support for the major political parties, with parties of the left being more supportive of immigrants and parties of the right less so. From a public policy perspective, the results suggest that successive Australian governments have made only partial progress in generating a strong sense of civic identity within the Australian population.     

A history of nonviolence? The social construction of Costa Rican peaceful identity

Crime, violence, and insecurity are among the most important social topics in contemporary Costa Rica. These three issues play a central role in the media, politics, and everyday life, and the impression has emerged that security has changed for the worse and that society is now permanently threatened. However, crime statistics do not support this perception. The paper thus asks why violence and crime generate such huge fear in society. The thesis is that the Costa Rican national identity – with Costa Rica constructed as a nonviolent nation – impedes a realistic discussion about the phenomena and their causes, and simultaneously provides a platform for sensationalism and the social construction of fear.     

Constructing the rapist: patterns of reporting sexual violence to the police

ABSTRACT

Existing research establishes the importance of social identities and public discourse in reifying existing power structures. By examining the poignant case of the crime of sexual violence, we explore the construction of the identities of rapist and victim. In this paper, we look specifically at police reporting of sexual violence as perpetuating a ‘common sense’ of criminalization, with the identity of the rapist serving as the primary factor of police reporting. We employ regression analyses of victim responses in the 2015 National Criminal Victimization Survey in order to understand the dynamics behind victim reporting. This research confirms the hypothesis that, in the case of sexual assault, rape victims are more likely to perceive the bodies criminalized in public discourse – particularly Black offenders – as those as having committed crimes, and are therefore more likely to engage with the state through police reporting.     

《欧洲保护少数民族框架公约》评述

《欧洲保护少数民族框架公约》是世界上第一个致力于将少数民族保护作为人权保护不可分割的一部分的具有法律约束力的区域性多边条约。它产生于东欧剧变后 ,保护少数民族权利日显其对欧洲大陆的稳定、民主、安全与和平的重要性的背景下。它在《欧洲人权公约》的基础上 ,不仅明确赋予和承认了“属于少数民族的人”应享有的广泛权利 ,而且规定了缔约国在限制其可能对少数民族的利益造成损害的国家行为、采取积极措施提高少数民族的地位、保护和发展“属于少数民族的人”的权利方面的国家义务 ,其地位和作用十分重要 ,具有研究和借鉴的价值     

Fluidity amidst structure: multi-racial identity constructions across the life course of Malaysians and Singaporeans

ABSTRACT

Multi-racial identity construction is understood to be fluid, contextual and dynamic. Yet the dynamics of multi-racial identity construction when racial identities are ascribed and formulated as static by governments is less explored in psychological studies of race. This paper examines the dynamics of racial identity construction among multi-racial Malaysians and Singaporeans in a qualitative study of 31 semi-structured interviews. Thematic analysis was used to identify the different private racial identity constructions of participants who were officially ascribed with single racial identities at birth. Participants reflected on the overwhelming influence of the state and significant Others in limiting their ability to express their multiple racial identities when they were in school, and highlighted their capacity to be agentic in their private racial identity constructions when they were older. This paper shows that across the life course multi-racial individuals possess (1) the ability to adopt different racial identity positions at different times, (2) the ability to hold multiple racial identity constructions at the same time when encounters with Others are dialogical, (3) the reflexivity of past identity positions in the present construction of identities.     

From ‘Black people are not a homosexual act’ to ‘gay is the new Black’: mapping white uses of Blackness in modern gay rights campaigns in the United States

This paper examines the ways in which rhetorics of Blackness and civil rights have been deployed by Whites positioned on both sides of modern gay rights discourse in the United States. The authors argue that the contemporary deployment of Blackness by both gay and anti-gay movements concurrently is linked to the longstanding use of race on both sides of anti-gay referendum and initiative campaigns since the late 1970s, as well as to the even longer history of the racialization of homosexuality in Europe and the United States. The paper offers a brief history of the late nineteenth-century racial construction of homosexuality, which sets the stage for the later pairing of political discourses linking Blackness and homosexuality in the twentieth-century. Drawing on research of gay rights referendums and initiatives from 1977 to 2000, the paper then demonstrates how White religiously-motivated anti-gay activists relied upon divisive arguments about whether homosexuality is ‘like race’ to secularize and legitimize their campaigns. Furthermore, the authors show that White gay activists have adopted varying strategies as the lesbian and gay movement has evolved – from coalitional approaches that refused simplistic ‘like race’ arguments at the height of the gay liberation period, to color-blind ‘human rights’ frameworks in the 1990s, and more direct uses of race in the 2000s that mirror religious right rhetoric. The paper concludes with a discussion of the origins and effects of ‘gay rights versus Black rights’ discourses more broadly, and their implications for contemporary gay marriage debates.     

Marketing an imagined Muslim woman: Muslim Girl magazine and the politics of race,gender and representation

This article examines the magazine Muslim Girl (started publication 2007) and explores how the representations on the magazine's pages construct a particular type of identity for Muslim women: an ‘idealized’ Muslim woman who is both North American/Western and Muslim. Such a woman is portrayed as liberal, educated, fashionable, a ‘can-do’ woman, who is also committed to her faith. This ‘ideal’ woman is situated squarely as a neo-liberal subject in an increasingly consumerist world: she is ‘marketable’ (and marketed) as the ‘good Muslim’ (Mamdani, 2004) and is positioned as the ‘familiar stranger’ (Ahmed, 2000) in North America. This so-called ‘modern’ Muslim (read: ‘good Muslim’) is juxtaposed both against the ‘fundamentalist’ Muslim (read: ‘bad Muslim’) and the ‘normalized’ white North American subject. Against the discourse of post 9/11 nationalism and within the context of (gendered) Orientalism, this article argues that such idealized representations present easily recognizable tropes, which serve important political, ideological and cultural purposes within North American society. An analysis of these representations – and the purposes which they serve – provides an important window into the nuances of the structured discourses that seek to control and discipline the gendered Muslim body. On the one hand, the representations in Muslim Girl focus on the so-called ‘integrated North American Muslim’ – a ‘modern’ or ‘good’ Muslim – within the context of the multicultural, neo-liberal and post 9/11 nation-state. On the other hand, these representations also highlight examples of Muslim women, who seemingly remain committed to their faith and community. Such representations of hybridized North American Muslims speak powerfully to the forces – ideological, cultural, political and social – that are at play in the post 9/11 world. In analyzing the representations found in Muslim Girl, this paper provides an insight into some of these forces and their implications.