Legal recognition of minorities within minorities on Ayelet Shachar 's point of view

Document Type : Original Article

Authors

1 استاد دانشکده حقوق دانشگاه شهید بهشتی

2 PhD Candidate of Public Law at SBU

Abstract

Within the context of legal recognition of minorities, there are several critical views concerned with different aspects of minority rights. Aylete Shachar who is considered as a feminist law scholar presents an intersectionism theory according to which one must not ignore different aspects of people’s identities in the context of Legal Multiculturalism. According to Intersectionism theory, comprehensive recognition of minorities might lead to the violation of different minorities within those minorities which were formerly recognized. The reason for this could be the notion that legal recognition instruments usually do not consider various internal frames in the minority group. Therefore, leaders of minority might have urged the group identity in order to ignore other aspects of the minority members’ identities. For example, regulations of minority membership might deny the membership of a woman who marries a man outside the group. However, for a man who marries a foreigner woman new membership of his wife would be considered.

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References

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Legal Research Quarterly
Volume 21, Issue 81
April 2018
Pages 211-235

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History

  • Receive Date: 15 August 2017
  • Accept Date: 09 February 2018

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