1-7 of 7 Results

  • Keywords: recognition x
Clear all

Article

LGBTQ-headed families face a complicated legal landscape when it comes to legal recognition. The 2015 U.S. Supreme Court ruling , permitting same-sex couples nationwide to marry, substantially shifted the legal landscape for lesbian, gay, bisexual, transgender, and queer (LGBTQ) parents. Many families now have access to legal recognition through joint adoption, stepparent adoption, and the long-held legal presumptions of parentage for children born to married parents. Yet access to marriage has not fully created the necessary legal protections for the diverse ways in which LGBTQ-headed families form and live their lives. The patchwork of legal protections across the states means that many LGBTQ-headed families lack needed security, stability, and legal recognition.

Article

Multiculturalism has been used both as a descriptive and a normative term, as well as a term referring to particular types of state policies. As a descriptive term, multiculturalism refers to the state of affairs present in contemporary societies: that of cultural diversity. As a normative term, multiculturalism affirms cultural diversity as an acceptable state of affairs, and provides normative grounds for accommodating this diversity. As a policy-oriented term, multiculturalism refers to a variety of state policies that aim to accommodate people’s cultural differences—most notably, different types of culturally differentiated rights. The main focus of the debates on multiculturalism within political philosophy has been on normative multiculturalism, and the broader normative questions relating to the appropriate grounds for responding to people’s cultural differences. The debates on descriptive multiculturalism and on particular multicultural policies, however, feed into the debates on normative multiculturalism. One’s views on the nature of culture, the value of culture, and the appropriate means of demarcating group boundaries have implications on the ways in which one understands the proper objects of cultural accommodation, as well as the extent to which such accommodation should be applied. The different types of multicultural policies—including rights of indigenous groups, immigrants, and national minorities—incorporate slightly different sets of normative considerations that must be independently assessed and that also feed into the more general debates on the normative foundations for cultural accommodation. Equality-based and identity-based arguments for cultural concern provide strong grounds for the state to be concerned about people’s cultural differences and to aim to alleviate culturally induced disadvantages. The case for (or against) culturally differentiated rights as a means for responding to these disadvantages may, however, come from several sources, including approaches to cultural diversity based on equality, autonomy, toleration, and state neutrality. While there is relative (albeit not full) agreement among normative theorists of multiculturalism that differentiated rights may be acceptable, though not always required or even desired, responses to cultural diversity, disagreements about the normative bases, and extents of application, remain.

Article

There are few questions more interesting and more important for the international community than the issue of how new states are created and accepted into the wider global system through the process of recognition. While there are thousands of ethnic groups around the world, there are just 193 member states of the United Nations. And yet, for many years, the foreign policy aspects of secession and the recognition of seceding territories have received relatively little attention by scholars in the field of politics and international relations. This was largely because the subject was seen to be a marginal interest. Few territories managed to stage a credible attempt at secession. Almost none managed to gain widespread acceptance. However, over the past decade, there has been a significant growth in the attention given to secession and recognition in international relations. This has been particularly apparent since Kosovo’s unilateral declaration of independence from Serbia, in 2008, and because of heightened secessionist tensions in the former Soviet Union. To date, the question of de facto states—territories that are unrecognized or partially recognized—has been at the heart of studies into secession and recognition in the field of politics and international relations. Attention in this area has tended to focus on the nature, structure, and international interaction of unrecognized territories. However, the scope of research is now widening. As well as interest in the historical development of attitudes towards secession and recognition practices, scholars are now looking at the way in which parent states—as the territories they have broken away from are generally known—attempt to prevent de facto states from being recognized or otherwise legitimized by the international community. Meanwhile, increasing attention is also being given to the role of external parties, such as great powers, as well as to the efforts of secessionist territories themselves to find ways to encourage recognition, or at least to participate more widely in the international system. Therefore, while the community of scholars working in the field of secession and recognition is still relatively small, the subject itself is undergoing rapid growth.

Article

It has been almost 20 years since the publication of International Society and the De Facto State by Scott Pegg in 1998, the first book-length substantive theoretical attempt to investigate the phenomenon of de facto states—secessionist entities that control territory, provide governance, receive popular support, persist over time, and seek widespread recognition of their proclaimed sovereignty and yet fail to receive it. Even though most de facto states are relatively small and fragile actors, in the intervening years the study of de facto or contested or unrecognized statehood has expanded dramatically. The de facto state literature has contributed significantly to the growing recognition that the international system is far more variegated than is commonly perceived. An initial focus on the external relations of de facto states has increasingly given way to a newer focus on their internal dynamics and domestic state-building processes and on how a lack of sovereign recognition conditions but does not prohibit their democratic, institutional, and political development. Perhaps most notably, there has been an explosion in detailed empirical research based on original data, which has greatly enriched our understanding of these entities. Alas, the subfield of de facto state studies is also characterized by recurrent problems. There has been an extensive proliferation of different terms used to describe these entities, and much fighting has erupted over precise definitions, resulting in limited scholarly progress. Fundamentally, there remains a continued failure to reach agreement on the number of these entities that exist or have existed since 1945. The nuanced and empirically rich academic literature has also largely failed to advance journalists or policymakers’ understanding of de facto states. Yet, the prospects for de facto state studies remain bright. More diverse comparative work, renewed attention to how engagement without recognition might facilitate the participation of unrecognized entities in international politics, a renewed focus on parent state strategies, and increased attention to de facto states and conflict resolution are areas deserving of greater scholarly attention.

Article

Camille Vallier and Djemila Carron

Transidentity raises numerous legal questions as it challenges the way the law fundamentally categorizes society in two different groups. The European legal landscape has evolved towards greater recognition of transgender people’s rights, notably in terms of legal gender recognition and non-discrimination, but many inequalities remain deeply rooted in the law. Gender identity has increasingly been recognized as a ground of discrimination by national and regional instances in Europe, and in 2002 the European Court of Human Rights acknowledged the existence of a right to legal gender recognition under Article 8 of the Convention, in the famous Goodwin v. UK case. Since then, the conditions deemed admissible or not in order to access legal gender recognition and name change have been under scrutiny, and the Court took an important step ahead in 2017, when it held that compulsory sterilization and mandatory medical interventions leading with a high probability to sterility were inadmissible conditions for accessing legal gender recognition (A.P., Garçon, and Nicot v. France). However, other criteria for legal gender recognition remain unclear. Additionally, even when European instance decisively set a principle, the difficulty lies in the implementation on the national level, as the rights of transgender people are far from respected in practice. Legal gender recognition and access to gender confirmation treatment entail particular obstacles for minors, since the debate of whether self-determination regarding legal gender change and access to gender confirmation treatment should prevail over other public and private interests is even more pressing when children are concerned. Many further obstacles remain, notably in the domain of parenthood and employment, access to transition-related treatments, and their reimbursement by health insurance. Additionally, transphobic hate crimes are rarely identified as such by national criminal legislations, and very few states collect statistics on the matter. It remains difficult to draw general conclusions on transgender policies in Europe, as domestic laws are diverse and do not always match with international law, and national practices do not always comply with domestic and international law—with transgender people often being caught in a labyrinth of incongruent rules and practices.

Article

The sovereignty of postcolonial African states is largely derived from their recognition by other states and by the United Nations, irrespective of their actual effectiveness. Such international legal sovereignty has been a resource to weak African states, allowing them to endure against the odds, and to their rulers who have instrumentalized it to foster their domestic authority and domination. Yet, African sovereignty has also been a curse. Being exogenous to domestic social and political relations, it tends to isolate and shield rulers from the ruled and predisposes state institutions toward predation. It also standardizes and homogenizes the continent’s institutional landscape in disregard to the wealth and promise of effective institutional arrangements on the ground, to which it denies legitimacy. Despite the equilibrium properties of the African sovereignty regime, there might be opportunities to tweak the system in ways that could unleash more effective and accountable state and nonstate institutions.

Article

Since the 1980s, lesbian, gay, bisexual, transgender, and queer (LGBTQ) social movements worldwide have put significant energy into securing relationship rights. In the 1970s, however, the general sentiment in such movements in the Occident had been anti-marriage and anti-nuclear family. This changed in the 1980s due to three factors: the impact of HIV/AIDS, which emphasized how vulnerable same-sex families are; the rise of families headed by same-sex parents who did not have the same protections as their different-sex counterparts; and globalization, which transferred the ideas about same-sex relationships among movements and created energy and useful policy connections. During the 1990s, a wave of marriage alternatives spread around the world, sometimes extended by legislatures and other times by courts. The rise of alternatives has raised these questions: are they a temporary compromise on the path to marriage equality; are they a replacement for marriage that is free of its historical discriminatory heritage; or are they proposing an additional legal institution alongside marriage? In the 2000s and since, marriage equality became realistic and more common as two dozen countries gradually extended marriage rights to same-sex couples, initially in Europe and North America, but later also in Australasia, in the entire Americas, and even—in fewer countries—in Asia and Africa. Incrementalism is the generally accepted theory for why progress occurs in some countries and delays in others. However, scholars have criticized the theory as descriptively inaccurate and, normatively, as portraying marriage as the final frontier for LGBTQ equality—thus contributing to that community’s emphasis on marriage equality to the neglect of other possible advocacy avenues. Further, the incrementalistic account should take into consideration that the path toward recognition is not linear and is international as well as national. Supranational courts have played an important role in the progress toward recognizing same-sex relationships; at the same time, the globalization of LGBTQ relationship rights has also resulted in a strong backlash and in regression in some countries.