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This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Reasonable tolerance

The idea of toleration as the appropriate response to difference has been central to liberal thought since Locke. Although the subject has been widely and variously explored, there has been reluctance to acknowledge the new meaning that current debates offer on toleration. This book starts from a clear recognition of the new terms of the debate, reflecting the capacity of seeing the other's viewpoint, and the limited extent to which toleration can be granted. Theoretical statements on toleration posit at the same time its necessity in democratic societies, and its impossibility as a coherent ideal. There are several possible objections to, and ways of developing the ideal of, reasonable tolerance as advocated by John Rawls and by some other supporters of political liberalism. The first part of the book explores some of them. In some real-life conflicts, it is unclear on whom the burden of reasonableness may fall. This part discusses the reasonableness of pluralism, and general concept and various more specific conceptions of toleration. The forces of progressive politics have been divided into two camps: redistribution and recognition. The second part of the book is an attempt to explore the internal coherence of such a transformation when applied to different contexts. It argues that openness to others in discourse, and their treatment as free and equal, is part of a kind of reflexive toleration that pertains to public communication in the deliberative context. Social ethos, religious discrimination and education are discussed in connection with tolerance.

Israelis memorialising the Palestinian Nakba
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The 1948 war that led to the creation of the State of Israel also resulted in the destruction of Palestinian society, when some 80 per cent of the Palestinians who lived in the major part of Palestine upon which Israel was established became refugees. Israelis call the 1948 war their ‘War of Independence’ and the Palestinians their ‘Nakba’, or catastrophe. After many years of Nakba denial, land appropriation, political discrimination against the Palestinians within Israel and the denial of rights to Palestinian refugees, in recent years the Nakba is beginning to penetrate Israeli public discourse. This book explores the construction of collective memory in Israeli society, where the memory of the trauma of the Holocaust and of Israel's war dead competes with the memory claims of the dispossessed Palestinians. Taking an auto-ethnographic approach, it makes a contribution to social memory studies through a critical evaluation of the co-memoration of the Palestinian Nakba by Israeli Jews. Against a background of the Israeli resistance movement, the book's central argument is that co-memorating the Nakba by Israeli Jews is motivated by an unresolved melancholia about the disappearance of Palestine and the dispossession of the Palestinians, a melancholia which shifts mourning from the lost object to the grieving subject. The book theorises Nakba co-memory as a politics of resistance, counterpoising co-memorative practices by internally displaced Israeli Palestinians with Israeli Jewish discourses of the Palestinian right of return, and questions whether return narratives by Israeli Jews are ultimately about Israeli Jewish self-healing.

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Europeans, Muslim Immigrants and the onus of European–Jewish Histories
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Relations between Europe and its Muslim minorities constitute an extensive focus for discussion both within and beyond the Continent. This book reports on the years mainly between 2005 and 2015 and focuses on the exploitation of recent European history when describing relations and the prospects for the nominally 'Christian' majority and Muslim minority. The discourse often references the Jews of Europe as a guiding precedent. The manifold references to the annals of the Jews during the 1930s, the Second World War and the Holocaust, used by both the Muslim minorities and the European 'white' (sic) majority presents an astonishing and instructive perspective. When researching Europe and its Muslim minorities, one is astonished by the alleged discrimination that the topic produces, in particular the expressions embodied in Islamophobia, Europhobia and anti-Semitism. The book focuses on the exemplary European realities surrounding the 'triangular' interactions and relations between the Europeans, Muslims and Jews. Pork soup, also known as 'identity soup', has been used as a protest in France and Belgium against multicultural life in Europe and against the Muslim migrants who allegedly enjoyed government benefits. If the majority on all sides of the triangle were to unite and marginalize the extreme points of the triangle, not by force but by goodwill, reason and patience, then in time the triangle would slowly but surely resolve itself into a circle. The Jews, Christians, Muslims and non-believers of Europe have before them a challenge.

New dimensions, new challenges

Immigration is relatively new in Spain, and hence government policies are struggling to manage the diversity it entails. This book examines the social conditions and political questions surrounding Spanish diversity, and gives a comprehensive view on how Spain is orienting its diversity management following a practical approach. It also examines specific immigrant nationalities, current institutional practices and normative challenges on how Spain is managing diversity. The mosque debate and the effects of the Danish Cartoon Affair on the traditional moros and cristianos festivals are explored. The book addresses the context of educational challenges related to immigration, and the policy approaches to the management of immigration-related diversity in education. It discusses policies and practices to combat discrimination in the labour market, with special reference to the transposition and implementation of the EU anti-discrimination directives. The book looks at political participation and representation of immigrants by describing the public debate on voting rights, the legal framework and the various debates about the possibilities for granting immigrants voting rights. This is done through an analysis of the Foro para la Integracion de los Inmigrantes (FII), and the main characteristics of the management of immigrant associations by the City Councils of Madrid and Barcelona. The book concludes that Spain is a laboratory for diversities, with a 'practical philosophy' of diversity management within a complex identitarian, historical and structural context that limits policy innovation and institutional change.

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Children born even one day before their parents' marriage remained illegitimate for life, while those born one day after a wedding had the full benefits of legitimacy. This book explores the legal and social consequences of growing up illegitimate in England and Wales. It concentrates on the late-Victorian period and the early twentieth century, and takes the child's point of view rather than that of the mother or of 'child-saving' groups. An extended analysis of criminal and civil cases involving illegitimacy, including less-studied aspects such as affiliation suits, the poor law and war pensions is presented. In the twentieth century, illegitimate children gained more family, and adoption became an option after 1926. Women had choices when faced with unwanted children, and many chose to suffer in the workhouse rather than harm their babies. Though the criminal courts were harder on non-maternal defendants, mothers were collusive in many crimes. The two legal processes illegitimate children were most likely to inspire were often entwined - affiliation proceedings and the poor law. Problems with the bastardy laws abounded, legislative successes were few in the nineteenth century. Fostering encouraged child circulation because of its temporary nature. The effects of social discrimination changed when children went to their jobs, dividing those with family from those without. Differences of class and gender also influenced the scope of illegitimacy's reach. Placing the stigma on Victorian children was simple, but ridding the law of the term was painfully slow, and abolishing its power even slower.

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The Algerian war and the ‘emancipation’ of Muslim women, 1954–62
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In May 1958, and four years into the Algerian War of Independence, a revolt again appropriated the revolutionary and republican symbolism of the French Revolution by seizing power through a Committee of Public Safety. This book explores why a repressive colonial system that had for over a century maintained the material and intellectual backwardness of Algerian women now turned to an extensive programme of 'emancipation'. After a brief background sketch of the situation of Algerian women during the post-war decade, it discusses the various factors contributed to the emergence of the first significant women's organisations in the main urban centres. It was only after the outbreak of the rebellion in 1954 and the arrival of many hundreds of wives of army officers that the model of female interventionism became dramatically activated. The French military intervention in Algeria during 1954-1962 derived its force from the Orientalist current in European colonialism and also seemed to foreshadow the revival of global Islamophobia after 1979 and the eventual moves to 'liberate' Muslim societies by US-led neo-imperialism in Afghanistan and Iraq. For the women of Bordj Okhriss, as throughout Algeria, the French army represented a dangerous and powerful force associated with mass destruction, brutality and rape. The central contradiction facing the mobile socio-medical teams teams was how to gain the trust of Algerian women and to bring them social progress and emancipation when they themselves were part of an army that had destroyed their villages and driven them into refugee camps.

Combating discrimination against immigrant workers
Ricard Zapata-Barrero

4 Multiple diversity in the labour market and in the workplace: combating discrimination against immigrant workers Introduction Immigrants’ participation in the labour market is a fairly recent phen­ omenon in Spain. The number of immigrant workers increased from less than 200,000 in 1996 to more than 3,000,000 in 2007 (Ministerio de Trabajo y Asuntos Sociales; MTAS, 2007a). Immigrants are typically employed in areas with a high need for labour, such as construction, agriculture, the hotel business, house keeping and care for the elderly. Immigration is mainly

in Diversity management in Spain
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David Keane
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Annapurna Waughray

1 Introduction David Keane and Annapurna Waughray The United Nations exists not merely to preserve the peace but also to make change –​even radical change –​possible. –​Ralph Bunche, Nobel Lecture (1950)1 The origins of ICERD On 21 December 1965, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)2 was adopted in the United Nations General Assembly in plenary session by 106 votes to none.3 ICERD was the first international human rights treaty, and the first major piece of international law in the drafting of which the

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination

When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool. It traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. Part I examines how statelessness is produced and maintained, for example through global development efforts and refugee protection instruments. Part II traces the lived reality of statelessness, starting at conception and the issuance of birth certificates, then exploring the experiences of youth, workers, and older people. Part III demands a rethinking of the governance of citizenship. It interrogates existing efforts to address challenges associated with statelessness and suggests alternatives. Contributions span global regions and contributors include activists, affected persons, artists, lawyers, leading academics from a range of disciplines, and national and international policy experts. Written text, visual art, and poetry are also used to examine complex concepts central to this discussion. Statelessness, governance, and the problem of citizenship rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.