Minority Rights in Culturally Diverse Societies

The Center for Constitutional Transitions Meeting the Challenges of Emerging Constitutional Democracy Working Paper Series (with G. Anderson) (2014).

16 Pages Posted: 13 Sep 2017

See all articles by George Anderson

George Anderson

Independent

Sujit Choudhry

Center for Constitutional Transitions; Center for Global Constitutionalism, WZB Berlin Social Science Center

David Vitale

University of Warwick - School of Law

Date Written: 2014

Abstract

Countries that are seeking to establish constitutional democracy after a history of dictatorial or oppressive government confront large challenges in creating stable structures of government and protecting the rights of their citizens. Many countries have the added challenge of considering how their culturally diverse character—which may be linguistic, religious, tribal, ethnic, or even “national” (if the more than one group within the country calls itself a nation)— should be reflected in their constitution and governmental arrangements. Minority groups may seek special arrangements to protect their basic human rights as well as constitutional provisions providing specific rights to protect their cultural identities, to ensure their symbolic recognition, to protect them against economic marginalization, and to ensure their effective role in government. How to pursue these objectives while also creating a common citizenship, social harmony and effective government is a central challenge in framing a constitution. This Working Paper discusses the nature of different minorities that may be politically important, and then considers different approaches to dealing with the constitutional recognition of minorities, the protection of their basic human rights and the entrenchment of specific minority rights, as well as the participation of minorities in government.

Suggested Citation

Anderson, George and Choudhry, Sujit and Vitale, David, Minority Rights in Culturally Diverse Societies (2014). The Center for Constitutional Transitions Meeting the Challenges of Emerging Constitutional Democracy Working Paper Series (with G. Anderson) (2014).. Available at SSRN: https://ssrn.com/abstract=3025966

George Anderson

Independent

No Address Available

Sujit Choudhry (Contact Author)

Center for Constitutional Transitions ( email )

HOME PAGE: constitutionaltransitions.org

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

David Vitale

University of Warwick - School of Law ( email )

United Kingdom

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