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The right of minority-refugees to preserve their cultural identity: an intersectional analysis
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 TabanWhile 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.
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Publication status
- Published
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- Published version
Journal
Netherlands Quarterly of Human RightsISSN
0924-0519Publisher
SAGE PublicationsExternal DOI
Page range
1-22Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2021-04-22First Open Access (FOA) Date
2021-04-22First Compliant Deposit (FCD) Date
2021-04-21Usage metrics
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