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The right of minority-refugees to preserve their cultural identity: an intersectional analysis

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Version 2 2023-06-12, 09:49
Version 1 2023-06-09, 23:41
journal contribution
posted on 2023-06-12, 09:49 authored by Stephanie BerryStephanie Berry, Isilay Taban
While UN treaty bodies have sought to address forms of oppression resulting from the intersection of gender, race and/or disability through their practice, they rarely recognise the experience of groups at the intersection of other social categories. This article uses the lens of intersectionality to analyse the practice of UN treaty bodies in relation to the intersection of minority and refugee status. We argue that while minority-refugees have fled persecution connected to their minority status, UN treaty bodies have failed to appreciate the impact of their location at the intersection of persons belonging to minorities and refugees in host States on their right to preserve their cultural identity. By failing to address the distinct experience of minority-refugees, UN treaty bodies risk participating in their oppression. Further, we reveal that current practice not only has potentially negative consequences for minority-refugees – as both individuals and groups – and for the host society but may even undermine the ability of IHRL to achieve its overarching objectives.

History

Publication status

  • Published

File Version

  • Published version

Journal

Netherlands Quarterly of Human Rights

ISSN

0924-0519

Publisher

SAGE Publications

Page range

1-22

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2021-04-22

First Open Access (FOA) Date

2021-04-22

First Compliant Deposit (FCD) Date

2021-04-21

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