Exercising Religious Freedom in the Public Space: A Comparative and European Convention Analysis of General Burqa Bans

Schyff, G. van der; Overbeeke, A.J.

doi:10.1017/s1574019611300041

Cited by 11 publications

(6 citation statements)

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“…JM's experience shows that the negative perception of society on female parking attendants is because they often go home late at night. In some societies in the Muslim world, women are considered abnormal when they are out of the house at night (Listerborn 2015;Phillips 2015;van der Schyff and Overbeeke 2011). Likewise, in the community where JM lives, women who often go home late at night are considered to have bad behavior.…”

Section: Gender Identity Negotiation In the Public Spacesmentioning

confidence: 99%

Subaltern Agency and Economic Resilience of Marginalized Community in Aceh

Sufyan

Ansor

Mawardi

et al. 2022

SJEKI

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This article examines the gender practices of a marginal community based on economic resilience among traditional women parking attendants in Aceh, Indonesia. It specifically aims to challenge the framing of prior scholarship, which generally states that the daily gender practice of the marginal Muslim community does not provide ample room for a woman’s autonomy. The data was collected using semi-structural interviews and non-participatory observations of ten traditional women parking attendants in Langsa, Aceh. Using the concepts of agency, the article shows the way the women of a marginal community formulate and redefine gender relations in their socio-cultural sphere. Finally, the finding shows the ambivalences and the contribution of the gender practice within the marginal community in Aceh over the enrichment of gender equality discourse in Muslim societies.==========================================================================================================ABSTRAK - Agensi Subaltern dan Resiliensi Ekonomi Kaum Marginal di Aceh. Artikel ini membahas praktik gender komunitas marjinal berdasarkan resiliensi ekonomi perempuan petugas parkirt radisional di Aceh, Indonesia. Secara spesifik, studi ini bertujuan menantang pembingkaian kesarjanaan terdahulu yang mayoritas menyatakan praktik gender sehari-hari komunitas Muslim marjinal tidak memberi ruang memadai terhadap otonomi perempuan. Data dikumpulkan melalui wawancara semi terstruktur dan observasi non-partisipatoris terhadap sepuluh petugas parkir perempuan tradisional di Langsa, Aceh. Hasil analisis dengan konsep agensi, tulisan ini memperlihatkan cara dimana perempuan pada komunitas marjinal memformulasi dan meredefinisirelasi gender dalam ruang sosio-kulturalnya. Temuan kajian juga memperlihatkan ambivalensi dan kontribusi praktik gender dalam komunitas marjinal di Aceh terhadap pengayaan wacana kesetaraan gender dalam masyarakat Muslim.

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Section: Gender Identity Negotiation In the Public Spacesmentioning

confidence: 99%

Subaltern Agency and Economic Resilience of Marginalized Community in Aceh

Sufyan

Ansor

Mawardi

et al. 2022

SJEKI

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“…39 The justification was altered, now the ban was (among other things) said to protect peace and security, and the conditions necessary for living together. 40 At least security would on many views be accepted as an uncontroversial primary good and a public reason. The value of security is normatively relevant for all (sufficiently idealized) citizens.…”

Section: (A) the Exclusion Costmentioning

confidence: 99%

Opposing Laws with Religious Reasons

Kugelberg¹

2020

Journal of Social Philosophy

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“…For overview, see Laborde 2005;Bowen 2007;McGoldrick 2006;O'Brien 2005. For some attempts to conceptualize the recent bans on burqas, see: Van der Schyff and Overbeeke 2011;Parvez 2011. 552 For example, the debates on the banning of burqas and niqabs (incorporating, among others, questions relating to public recognizability) may not be easily transferred into debates on other types of head scarves for example in employment or in education (involving, among others, questions of equality of opportunity) , and neither of these debates may be easily transferred into debates concerning other cultural or religious garments, such as the Jewish yarmulkes or Sikh turbans (that involve, among others, very different kinds of power relations within the groups in question).…”

Section: Minority Rights In Practice: Group-differentiated Rights Vsmentioning

confidence: 99%

The Limits of Liberal Multiculturalism

Vitikainen¹

2015

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Limits of Liberal Multiculturalism is a work in normative political philosophy. In particular, it is a work on liberal approaches to cultural diversity. The work assesses some of the benefits and limitations of liberal multiculturalism (broadly conceived) and develops a more individuated, yet culturally sensitive, approach to cultural diversity. The two main parts of the work discuss the normative justifications and rationales for differentiated rights within liberalism (Part I) and the more practical problems of applying these rights in practice (Part II).The first three chapters (Part I) analyse the so-called autonomy-, toleration-and equality-based approaches to cultural diversity as presented by Will Kymlicka, Chandran Kukathas and Brian Barry. This part argues that the autonomy-, toleration-and equality-based approaches provide frameworks within which the liberal responses to cultural diversity should reside, but fail to give any definitive guidance into how the liberal state should react to cultural diversity in particular circumstances. These approaches leave a substantive scope of variation to the cultural policies of the liberal state, including the possibility, albeit not a requirement, to grant differentiated rights.The three latter chapters (Part II) develop a more individuated, yet culturally sensitive, approach to cultural diversity by concentrating on the further issues of allocating differentiated rights. The first chapter (Ch. 4) highlights the difficulties of defining one's membership in a cultural group and argues that, in order to track their targets, the individually exercised differentiated rights should be allocated in accordance with need or selfidentification. Chapter 5 develops the individual-centred approach further by concentrating on the issues of the right of exit, and the liberal state's responses to those who have decided to leave the contours of their group without rejecting their identity as a member. The final chapter (Ch. 6) focuses on the legal-theoretical debate on allowing cultural defence in criminal courts and gives an ii application of the individuated approach in the criminal justice system.The main claims of the work are that the liberal multiculturalists have been successful in clarifying the grounds upon which the liberal responses to cultural diversity should reside and in showing that the culturally differentiated rights (variously construed) are not necessarily incompatible with liberalism. The liberal multicultural theories do not, however, give any definitive guidance on how the liberal state should respond to cultural diversity, nor do they always take sufficiently into account the variations within (and without) cultural groups. The work rejects the common assumption of differentiated rights as specifically group-differentiated rights, and argues for a more individuated approach that, nevertheless, takes people's cultural commitments and their group identities seriously.

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Exercising Religious Freedom in the Public Space: A Comparative and European Convention Analysis of General Burqa Bans

Cited by 11 publications

References 0 publications

Subaltern Agency and Economic Resilience of Marginalized Community in Aceh

Subaltern Agency and Economic Resilience of Marginalized Community in Aceh

Opposing Laws with Religious Reasons

The Limits of Liberal Multiculturalism

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