Rights to the rescue? The promotion of Indigenous women's political-electoral rights and the rise of the Mexican security state

This article demonstrates how the promotion of Indigenous women's political-electoral rights in Mexico has furthered a conservative agenda of state securitization. To do so, it presents a discourse analysis of national media reports focused on the story of Eufrosina Cruz, a Zapotec woman who became the figurehead for state-led initiatives to promote Indigenous women's rights. It argues that a colonial rescue narrative constructed through Cruz's figure helped generate new hegemonic discourses of gendered indigeneity that portrayed Indigenous peoples' alternative political practices and spaces as anti-democratic and illegal. In an era where advancements in party democracy were linked to processes of state securitization, these categorizations helped justify new forms of state intervention into Indigenous peoples' lives. By exploring how rights initiatives were discursively constructed through racialized, spatialized and gendered constructions of indigeneity, this article contributes to a critical geography of indigeneity within political geography.     

“Protect the women!” Trans-exclusionary feminist issue framing and support for transgender rights

An increasingly salient policy innovation pursued by LGBT+ rights groups and socially liberal policy entrepreneurs is the right of trans people to bring their legally recorded sex in line with their lived gender by way of self-identification. In response to these moves toward trans inclusion, a unique coalition of trans-exclusionary (gender critical) feminists and traditionalist conservatives has emerged to challenge these reforms. This coalition of policy opponents, mirroring historical issue frames that present homosexuals as predatory sexual deviants, campaign on a salient issue frame that presents transgender individuals and the expansion of trans rights as an inimical threat to the security, safety, and welfare of (cisgender) women, particularly in single-sex spaces. In this paper, we address two questions. First, we ask: do trans-exclusionary “protect women” issue frames over the alleged threat of trans persons to (cis) women shape mass public opinion? Second, we ask: in a relatively LGBT+ friendly policy environment, who supports the right to self-identification for trans individuals? We answer these questions via an original pre-registered survey experiment embedded within the 2021 Scottish Election Study. We find that trans-exclusionary issue frames appealing to (cis) women's safety significantly depress support for trans rights, particularly among women respondents. Highlighting these concerns is an effective means of increasing already robust opposition to reforms designed to improve the welfare of transgender individuals, which should be of concern for proponents of self-identification policies.     

How do western democracies cope with the challenge of societal diversity?

In the modern era, the grand forces of modernism, liberalism and nationalism have opposed and minimized societal diversity in Western states. The Civil Rights Movement in the USA and the flow of millions of unassimilable immigrants, mostly Muslims, to Europe opened Western societies to cultural diversity. But liberal multiculturalism in the West consists mainly of endorsement of subcultures, non‐discrimination and inclusion. It falls short of instituting consociational components like cultural autonomy and power‐sharing. Fear and unease in the West increasingly give priority to majority over minority rights. While all Western democracies object to societal diversity, they differ in the way they handle it: liberal democracies deny it, consociational democracies institutionalize it and ethnic democracies partially allow and partially subordinate it. These three different strategies are evident in the way representative cases of Western democracies, namely the USA, Switzerland and Estonia, respectively, cope with societal diversity.     

Rethinking the Politics–Religion Distinction

William T. Cavanaugh argues that the politics–religion distinction presupposes covert commitments that inappropriately support a “migration of the holy” from the church to the state. Despite his strong critical instincts, several of his genealogical propensities appear to stand in tension with his commitments to constitutional democracy and the universality of grace. By contrast with Cavanaugh, John Rawls’ post-metaphysical reformulation of the politics–religion aims to identify a public criterion compatible with a plurality of comprehensive doctrines. Although I commend Rawls for retaining some form of this distinction, I question the possibility of a post-metaphysical standpoint and its compatibility with his commitment to what he calls the “fact of pluralism.” Drawing on Bernard Lonergan’s transpositions of human nature and grace in this paper’s final section, I develop an alternative account of the relationship between politics and religion that aims to harmonize some of the strongest insights from the work of Cavanaugh and Rawls.     

‘Supplicant Nationalism’ in Slovakia and Wales: Polyethnic Rights During the Nineteenth Century

During the nineteenth century, nationalists in Wales and Slovakia attempted to promote national goals by attempting to persuade English and Hungarian leaders to freely grant collective rights to the ‘subordinate’ nation. This strategy of ‘supplicant’ nationalism included effusive declarations of loyalty to the common state, exaggerated claims to moral superiority, and flattering comments about the ‘dominant’ nation. Supplicant nationalism closely resembles what Will Kymlicka called the struggle for ‘polyethnic rights’, but can still be seen as a form of nationalism.     

Heritage destruction and cultural rights: insights from Bagan in Myanmar

Recently, the UN Special Rapporteur in the field of cultural rights has stated that the intentional destruction of cultural heritage is a violation of cultural rights. The Rapporteur examines a timely issue but bases her statement on narrow understandings ‘heritage’ as irreplaceable and ‘destruction’ as ideologically motivated and aggressive. This reinforces hegemonic ideas about heritage and what constitutes its destruction. In this article, I discuss the case of Bagan in Myanmar to illustrate the limitations of the Rapporteur’s statement. In Bagan, whether and how ‘heritage’ should be protected has been the topic of controversy. By implication what is – or is not – considered intentional destruction is contested. Ambiguity about the meaning of cultural rights, the dissonant nature of heritage, the subjectivity of destruction, and complex multi-layered motivations behind ‘destructive’ practices make overarching statement about the destruction of cultural heritage and cultural rights violations too bold and call for more nuance and contextualised research.     

Michael Drayton’s Poly-Olbion: maritime England and the free seas debates

ABSTRACT

Attending to Poly-Olbion’s river dynamics, I argue that, implicitly opposing natural, inevitable unionization, Drayton demonstrates through visual and poetic means that any viable empire is forged by deliberate local choices about conjunction and affiliation. Further, I show that by reconfiguring Saxton’s maps, rejecting politically defined boundaries and perceptions, and situating three major rivers as the organizing features of the landscape and the empire, Drayton ultimately defines Britain as inherently and universally maritime. Moreover, linking Poly-Olbion to mare clausum and mare liberum debates, I reveal that Drayton situates the flow of self-aware rivers into the sea as an extension of Britain beyond its land boundaries. He thereby suggests that the eventual mixing of British waters with the larger oceans establishes the basis of Britain’s local and global maritime rights, linking regional autonomy and conjunction by choice with claims to both local offshore dominion and global freedom of navigation and trade.     

“非遗”传承人权利保障机制地方法制评述:兼论“非遗法”的反思与完善

《中华人民共和国非物质文化遗产法》("非遗法")颁布实施以后,我国已就非物质文化遗产(非遗)传承人权利保障相关问题进行地方法制实践。这些地方立法不仅保留了"非遗法"相关规定之精华,同时亦在此基础上进行了创新。这些地方法制的做法不仅具有正当性,还具有诸多亮点和启示。为缓解非遗领域不同位阶法律适用冲突以及平衡、协调非遗传承人权利与义务之间关系,"非遗法"应就非遗传承人权利保障机制等问题进行规定,以最终实现非遗法律体系形式功能与实质功能的统一。     

Smoking bans for private vehicles: children's rights and children's voices

Smoking bans have recently expanded to private vehicles in which children are present. This study considers the place of children's rights and children's voices in this policy initiative, with respect to the Canadian context, where vehicular smoking bans have been widely adopted. First, we examine print media reports, finding children's right to health was acknowledged less frequently than an array of competing adult rights. Children's voices were largely absent from the record. Second, we report on focus groups involving 23 young people in Edmonton, Alberta, highlighting participants' strong support for bans, based on their knowledge of health harms, aversion to smoke, and awareness that children have limited ability to contest adult authority in vehicles. We conclude that vehicular smoking bans may address the situation whereby children are forced to share an unhealthy environment, in breach of their rights.     

Trafficking in Law: Cause Lawyer,Bureaucratic State and Rights of Human Trafficking Victims in Thailand

Abstract

In this case study of a young, Thai “cause lawyer”, advocacy for human rights is considered in context. The most important elements of that context are the path of development of Thai political and legal institutions, globalisation of law, and the networks of relationships that penetrate the state. The case study shows that human rights advocacy by NGO lawyers can adapt creatively to unpromising conditions under which courts provide little access or oversight. At the same time, the case study raises profound questions about the ultimate independence of cause lawyers when the state must be made a partner in order to establish the authority of law needed to make human rights advocacy possible. The ambiguity of the lawyer’s position is apparent from the relative ineffectiveness of her interventions and her growing moral authority on behalf of best practices under law. Her position suggests the limitations on law imposed by the underpinnings of the Thai state itself.