Zoekresultaat: 132 artikelen

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Artikel

Gelijkebehandelingswetgeving en identiteitsgebonden benoemingsbeleid van orthodox-protestantse scholen

Onzekerheid over consistentie en het enkele feit

Tijdschrift Recht der Werkelijkheid, Aflevering 2 2020
Trefwoorden Equal treatment / anti-discrimination, Orthodox-protestant schools, Religious norms, Semi-autonomous social fields, Uncertainty
Auteurs Mr. dr. Niels Rijke
SamenvattingAuteursinformatie

    Within orthodox-protestant schools in The Netherlands there is growing diversity and uncertainty about internal religious, cultural and social norms. Though orthodox-protestant schools are among the strongest semi-autonomous social fields, where it is difficult for equal treatment law to pervade, this growing diversity and uncertainty about internal norms can make this pervasion possible. The uncertainty about the meaning of the exception clause in equal treatment legislation for the appointment policy of religious schools also affects this.
    Because of the uncertainty about the meaning of the exception clause the position of the school board was strengthened in comparison to the employee, even though the intention of the equal treatment law was the opposite. At a later stage the clarification of the anti-discrimination norm by changing the exception clause has strengthened the position of the employee. Though this is only possible when religious, cultural and social norms are changing. In that case orthodox-protestant schools, as semi-autonomous fields, are more open for the effects of this legal norm.
    Uncertainty about the meaning of the requirement of a consistent appointment policy has led both to tightening as well as relaxation of the policy. In the first place tightening or relaxation of policies depends on the development of religious, cultural and social norms within different school denominations. Thus, uncertainty about internal norms works both contrary as well as strengthening to uncertainty about equal treatment legislation.


Mr. dr. Niels Rijke
Niels Rijke was van 2015 tot 2019 als buitenpromovendus verbonden aan de Universiteit Utrecht en voerde hij onderzoek uit naar identiteitsgebonden benoemingsbeleid ten aanzien van personeel op orthodox-protestantse basis- en middelbare scholen in Nederland in relatie tot mensenrechten.
Article

Access_open Can Non-discrimination Law Change Hearts and Minds?

Tijdschrift Erasmus Law Review, Aflevering 3 2020
Trefwoorden law and society, social change, discrimination, non-discrimination law, positive action
Auteurs Anita Böcker
SamenvattingAuteursinformatie

    A question that has preoccupied sociolegal scholars for ages is whether law can change ‘hearts and minds’. This article explores whether non-discrimination law can create social change, and, more particularly, whether it can change attitudes and beliefs as well as external behaviour. The first part examines how sociolegal scholars have theorised about the possibility and desirability of using law as an instrument of social change. The second part discusses the findings of empirical research on the social working of various types of non-discrimination law. What conclusions can be drawn about the ability of non-discrimination law to create social change? What factors influence this ability? And can non-discrimination law change people’s hearts and minds as well as their behaviour? The research literature does not provide an unequivocal answer to the latter question. However, the overall picture emerging from the sociolegal literature is that law is generally more likely to bring about changes in external behaviour and that it can influence attitudes and beliefs only indirectly, by altering the situations in which attitudes and opinions are formed.


Anita Böcker
Anita Böcker is associate professor of Sociology of Law at Radboud University, Nijmegen.
Article

Access_open Positive State Obligations under European Law: A Tool for Achieving Substantive Equality for Sexual Minorities in Europe

Tijdschrift Erasmus Law Review, Aflevering 3 2020
Trefwoorden Positive obligations, sexual minorities, sexual orientation, European law, human rights
Auteurs Alina Tryfonidou
SamenvattingAuteursinformatie

    This article seeks to examine the development of positive obligations under European law in the specific context of the rights of sexual minorities. It is clear that the law should respect and protect all sexualities and diverse intimate relationships without discrimination, and for this purpose it needs to ensure that sexual minorities can not only be free from state interference when expressing their sexuality in private, but that they should be given the right to express their sexuality in public and to have their intimate relationships legally recognised. In addition, sexual minorities should be protected from the actions of other individuals, when these violate their legal and fundamental human rights. Accordingly, in addition to negative obligations, European law must impose positive obligations towards sexual minorities in order to achieve substantive equality for them. The article explains that, to date, European law has imposed a number of such positive obligations; nonetheless, there is definitely scope for more. It is suggested that European law should not wait for hearts and minds to change before imposing additional positive obligations, especially since this gives the impression that the EU and the European Court of Human Rights (ECtHR) are condoning or disregarding persistent discrimination against sexual minorities.


Alina Tryfonidou
Alina Tryfonidou is Professor of Law, University of Reading.
Article

Access_open A Positive State Obligation to Counter Dehumanisation under International Human Rights Law

Tijdschrift Erasmus Law Review, Aflevering 3 2020
Trefwoorden Dehumanisation, International Human Rights Law, Positive State obligations, Framework Convention for the Protection of National Minorities, International Convention on the Elimination of all forms of Racial Discrimination
Auteurs Stephanie Eleanor Berry
SamenvattingAuteursinformatie

    International human rights law (IHRL) was established in the aftermath of the Second World War to prevent a reoccurrence of the atrocities committed in the name of fascism. Central to this aim was the recognition that out-groups are particularly vulnerable to rights violations committed by the in-group. Yet, it is increasingly apparent that out-groups are still subject to a wide range of rights violations, including those associated with mass atrocities. These rights violations are facilitated by the dehumanisation of the out-group by the in-group. Consequently, this article argues that the creation of IHRL treaties and corresponding monitoring mechanisms should be viewed as the first step towards protecting out-groups from human rights violations. By adopting the lens of dehumanisation, this article demonstrates that if IHRL is to achieve its purpose, IHRL monitoring mechanisms must recognise the connection between dehumanisation and rights violations and develop a positive State obligation to counter dehumanisation. The four treaties explored in this article, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Framework Convention for the Protection of National Minorities and the International Convention on the Elimination of all forms of Racial Discrimination, all establish positive State obligations to prevent hate speech and to foster tolerant societies. These obligations should, in theory, allow IHRL monitoring mechanisms to address dehumanisation. However, their interpretation of the positive State obligation to foster tolerant societies does not go far enough to counter unconscious dehumanisation and requires more detailed elaboration.


Stephanie Eleanor Berry
Stephanie Eleanor Berry is Senior Lecturer in International Human Rights Law, University of Sussex.

    The entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) pushed state obligations to counter prejudice and stereotypes concerning people with disabilities to the forefront of international human rights law. The CRPD is underpinned by a model of inclusive equality, which views disability as a social construct that results from the interaction between persons with impairments and barriers, including attitudinal barriers, that hinder their participation in society. The recognition dimension of inclusive equality, together with the CRPD’s provisions on awareness raising, mandates that states parties target prejudice and stereotypes about the capabilities and contributions of persons with disabilities to society. Certain human rights treaty bodies, including the Committee on the Rights of Persons with Disabilities and, to a much lesser extent, the Committee on the Elimination of Discrimination against Women, require states to eradicate harmful stereotypes and prejudice about people with disabilities in various forms of interpersonal relationships. This trend is also reflected, to a certain extent, in the jurisprudence of the European Court of Human Rights. This article assesses the extent to which the aforementioned human rights bodies have elaborated positive obligations requiring states to endeavour to change ‘hearts and minds’ about the inherent capabilities and contributions of people with disabilities. It analyses whether these bodies have struck the right balance in elaborating positive obligations to eliminate prejudice and stereotypes in interpersonal relationships. Furthermore, it highlights the convergences or divergences that are evident in the bodies’ approaches to those obligations.


Andrea Broderick
Andrea Broderick is Assistant Professor at the Universiteit Maastricht, the Netherlands.
Article

Access_open State Obligations to Counter Islamophobia: Comparing Fault Lines in the International Supervisory Practice of the HRC/ICCPR, the ECtHR and the AC/FCNM

Tijdschrift Erasmus Law Review, Aflevering 3 2020
Trefwoorden Human rights, positive state obligations, islamophobia, international supervisory mechanisms
Auteurs Kristin Henrard
SamenvattingAuteursinformatie

    Islamophobia, like xenophobia, points to deep-seated, ingrained discrimination against a particular group, whose effective enjoyment of fundamental rights is impaired. This in turn triggers the human rights obligations of liberal democratic states, more particularly states’ positive obligations (informed by reasonability considerations) to ensure that fundamental rights are effectively enjoyed, and thus also respected in interpersonal relationships. This article identifies and compares the fault lines in the practice of three international human rights supervisory mechanisms in relation to Islamophobia, namely the Human Rights Committee (International Covenant on Civil and Political Rights), the European Court of Human Rights (European Convention on Human Rights) and the Advisory Committee of the Framework Convention for the Protection of National Minorities. The supervisory practice is analysed in two steps: The analysis of each international supervisory mechanism’s jurisprudence, in itself, is followed by the comparison of the fault lines. The latter comparison is structured around the two main strands of strategies that states could adopt in order to counter intolerance: On the one hand, the active promotion of tolerance, inter alia through education, awareness-raising campaigns and the stimulation of intercultural dialogue; on the other, countering acts informed by intolerance, in terms of the prohibition of discrimination (and/or the effective enjoyment of substantive fundamental rights). Having regard to the respective strengths and weaknesses of the supervisory practice of these three international supervisory mechanisms, the article concludes with some overarching recommendations.


Kristin Henrard
Kristin Henrard is Professor International Human Rights and Minorities, Erasmus School of Law, Rotterdam, the Netherlands.
Article

Access_open The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: Proposals for Legislative Reform to Promote Equality through Schools and the Education System

Tijdschrift Erasmus Law Review, Aflevering 3 2020
Trefwoorden Transformative pedagogy, equality legislation, promotion of equality, law reform, using law to change hearts and minds
Auteurs Anton Kok, Lwando Xaso, Annalize Steenekamp e.a.
SamenvattingAuteursinformatie

    In this article, we focus on how the education system can be used to promote equality in the context of changing people’s hearts and minds – values, morals and mindsets. The duties contained in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (‘Equality Act’) bind private and public schools, educators, learners, governing bodies and the state. The Equality Act calls on the state and all persons to promote substantive equality, but the relevant sections in the Equality Act have not been given effect yet, and are therefore currently not enforceable. We set out how the duty to promote equality should be concretised in the Equality Act to inter alia use the education system to promote equality in schools; in other words, how should an enforceable duty to promote equality in schools be fashioned in terms of the Equality Act. Should the relevant sections relating to the promotion of equality come into effect in their current form, enforcement of the promotion of equality will take the form of obliging schools to draft action plans and submit these to the South African Human Rights Commission. We deem this approach inadequate and therefore propose certain amendments to the Equality Act to allow for a more sensible monitoring of schools’ duty to promote equality. We explain how the duty to promote equality should then play out practically in the classroom to facilitate a change in learners’ hearts and minds.


Anton Kok
Anton Kok is Professor of Jurisprudence at the Faculty of Law of the University of Pretoria.

Lwando Xaso
Lwando Xaso is an independent lawyer, writer and historian.

Annalize Steenekamp
Annalize Steenekamp, LLM, is a Multidisciplinary Human Rights graduate from the University of Pretoria.

Michelle Oelofse
Michelle Oelofse is an Academic associate and LLM candidate at the University of Pretoria.
Peer reviewed

Participatie onder druk

Mismatch tussen niet-westerse migranten en hulpverleners – acties tot betere allianties!

Tijdschrift PROCES, Aflevering 5 2020
Trefwoorden Migration, acculturation, participation, cultural diversity, social work
Auteurs Dr. Youssef Azghari, Prof. dr. Janine Janssen en Dr. Christa Nieuwboer
SamenvattingAuteursinformatie

    Two major shifts in the Dutch policy have changed how social professionals work for migrants. These two refer to the change from a multicultural in an assimilation policy and a participative society where people are more dependent on their network or resilience for dealing with their needs. Based on our exploratory interviews with eight professionals and a focus group of six participants with a non-western cultural background we conclude that what migrants expect from social professionals and what they can offer do not match. It is due to contrasting views and cultural differences. This has a negative impact on their participation.


Dr. Youssef Azghari
Dr. Youssef Azghari is als docent-onderzoeker verbonden aan de kenniskringen van de lectoraten Veiligheid in Afhankelijkheidsrelaties en Jeugd, Gezin en Samenleving van Avans Hogeschool.

Prof. dr. Janine Janssen
Prof. dr. Janine Janssen is als lector Veiligheid in Afhankelijkheidsrelaties verbonden aan Avans Hogeschool, als hoofd onderzoek aan het Landelijk Expertise Centrum Eer Gerelateerd Geweld van de Nationale Politie en als bijzonder hoogleraar Rechtsantropologie aan de Open Universiteit. Zij is tevens voorzitter van de redactie van PROCES.

Dr. Christa Nieuwboer
Dr. Christa Nieuwboer is lector Jeugd, Gezin en Samenleving aan Avans Hogeschool. Daarnaast is zij als senior adviseur verbonden aan Actie Leer Netwerk en aan Themis-Participatie.
Artikel

Access_open Teaching Comparative Law, Pragmatically (Not Practically)

Special Issue on Pragmatism and Legal Education, Sanne Taekema & Thomas Riesthuis (eds.)

Tijdschrift Law and Method, oktober 2020
Trefwoorden comparative legal studies, legal education, pragmatism
Auteurs Alexandra Mercescu
Auteursinformatie

Alexandra Mercescu
Alexandra Mercescu, Ph.D is lecturer at the Department of Public Law, University of Timisoara, Romania.
Artikel

Access_open The Obligation of Judges to Uphold Rules of Positive Law and Possibly Conflicting Ethical Values in Context

The Case of Criminalization of Homelessness in Hungary

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 2 2020
Trefwoorden Judicial independence, Rule of law, Judicial ethics, Hungary, Criminalization of homelessness
Auteurs Petra Gyöngyi
SamenvattingAuteursinformatie

    This article examines the tension between the constitutional obligation of judges to uphold rules of positive law and possibly conflicting standards of conduct arising from professional-ethical values. The theoretical analysis will be illustrated by the case of Hungary, an EU member state experiencing rule of law challenges since 2010 and where the 2018-2019 criminalization of homelessness exemplifies the studied tension. Inspired by the theories of Philip Selznick and Martin Krygier, rule of law will be viewed as a value that requires progressive realization and context-specific implementation. By contextualizing the relevant Hungarian constitutional framework with the content of the judicial code of ethics and judicial practice, it will be shown how the legitimate space for Hungarian judges to distance themselves from legislation possibly in conflict with rule of law values is reduced. Theoretical suggestions for addressing such rule of law regressions will be made.


Petra Gyöngyi
Petra Gyöngyi is postdoctoral fellow aan de University of Oslo.
Kroniek

‘Partners in crime’? De rol van de antropologie in de criminologie

Tijdschrift Tijdschrift voor Criminologie, Aflevering 2-3 2020
Trefwoorden criminal anthropology, Criminology, anthropology
Auteurs Dr. Brenda Oude Breuil
SamenvattingAuteursinformatie

    Criminology, as an inherently interdisciplinary field, has built on anthropology (and other social sciences) in its development. This contribution addresses the question which insights in criminology have most been inspired by anthropology. First, it looks into the ‘criminal anthropology’ of Lombroso; then it embarks on an appreciation of the ethnographic research design within criminology (as first adopted by the Chicago School); and, finally, it assesses the link between anthropology, and cultural and global criminology. I conclude that anthropology has been valuable to our discipline on four levels: methodologically (in the importance of the ethnographic research design), theoretically (in its role in the development of symbolic interactionism and structuralism, for example), geographically (in the global scope of anthropological research), and analytically, in its experience with ‘doing ethnography’ in economically, politically and culturally embedded ways.


Dr. Brenda Oude Breuil
Dr. B.C.M. Oude Breuil is universitair docent Criminologie aan het Willem Pompe Instituut voor Strafrechtswetenschappen in Utrecht.
Artikel

Access_open What does it mean to be ‘illiberal’?

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering Pre-publications 2020
Trefwoorden Liberalism, Illiberalism, Illiberal practices, Extremism, Discrimination
Auteurs Bouke de Vries
SamenvattingAuteursinformatie

    ‘Illiberal’ is an adjective that is commonly used by scholars. For example, they might speak of ‘illiberal cultures’, ‘illiberal groups’, ‘illiberal states’, ‘illiberal democracies’, ‘illiberal beliefs’, and ‘illiberal practices’. Yet despite its widespread usage, no in-depth discussions exist of exactly what it means for someone or something to be illiberal, or might mean. This article fills this lacuna by providing a conceptual analysis of the term ‘illiberal practices’, which I argue is basic in that other bearers of the property of being illiberal can be understood by reference to it. Specifically, I identify five ways in which a practice can be illiberal based on the different ways in which this term is employed within both scholarly and political discourses. The main value of this disaggregation lies in the fact that it helps to prevent confusions that arise when people use the adjective ‘illiberal’ in different ways, as is not uncommon.


Bouke de Vries
Bouke de Vries is a postdoctoral research fellow at Umeå University and the KU Leuven.
Artikel

Access_open Religie op het werk?

Over positieve en negatieve godsdienstvrijheid bij private ondernemingen en tendensondernemingen

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 1 2020
Auteurs Leni Franken en François Levrau
SamenvattingAuteursinformatie

    In this article we elaborate on the place of religion in the workplace. Does the individual freedom of religion imply that employers must always accommodate the religious claims of employees or can they boast a number of arguments allowing them to legitimately limit that freedom? And, conversely, do employers not also have a right to freedom of religion and a right to formulate certain religious expectations for their employees? In this contribution, we deal with these and related questions from a legal-philosophical perspective. The overall aim is to illustrate the extent to which univocal answers are jeopardized because of conceptual ambiguities. We first make a normative distinction between two strategies (i.e. difference-blind approach and difference-sensitive approach) and subsequently illustrate and elaborate on how and why these strategies can lead to different outcomes in legal cases. We illustrate the extent to which a contextual and proportional analysis can be a way out in theoretical and practical conundrums.


Leni Franken
Leni Franken is senior researcher and teaching assistant at the University of Antwerp.

François Levrau
François Levrau is senior researcher and teaching assistant at the University of Antwerp.
Artikel

Access_open Liberal Democracy and the Judeo-Christian Tradition

Tijdschrift Netherlands Journal of Legal Philosophy, Aflevering 1 2020
Trefwoorden national identity, historical narratives, universal values, equal citizenship
Auteurs Tamar de Waal
SamenvattingAuteursinformatie

    Increasingly often, it is stated that the universal values underpinning Western liberal democracies are a product of a ‘Judeo-Christian’ tradition. This article explores the legitimacy of this claim from the perspective of liberal-democratic theory. It argues that state-endorsed claims about the historical roots of liberal-democratic values are problematic (1) if they are promoted as though they are above democratic scrutiny and (2) if they insinuate that citizens who belong to a particular (majority) culture remain the ‘cultural owners’ of the core values underpinning the state. More pragmatically, the paper suggests that the claim carries the risk of failing to facilitate all citizens becoming or remaining committed to nurturing fundamental rights and a shared society based on norms of democratic equality.


Tamar de Waal
Tamar de Waal is assistant professor of legal philosophy at the Amsterdam Law School of the University of Amsterdam.
Artikel

Access_open Het Wetsvoorstel burgerschapsopdracht

Tijdschrift Tijdschrift voor Religie, Recht en Beleid, Aflevering 1 2020
Trefwoorden Burgerschapsopdracht, Onderwijs, democratische rechtsstaat, vrijheid van onderwijs, Waarden
Auteurs Mr. drs. Jaco van den Brink
SamenvattingAuteursinformatie

    The proposed Act on Citizenship Education requires fundamental reflection from several angles. The article provides a perspective from remarks describing the current age and a possible list of values for a democratic state. Important is also the perspective from educational freedom, on which topic several publications from the Onderwijsraad were issued in December 2019. The proposed Act (with the different versions of its explanation by the Minister) are critically evaluated and confronted with an alternative proposal.


Mr. drs. Jaco van den Brink
Mr. drs. J. van den Brink is sinds 2013 advocaat onderwijsrecht bij BVD advocaten, studeerde eerder onder meer rechtsfilosofie in Leiden en houdt zich bezig met vraagstukken op het snijvlak van recht en religie.
Artikel

Sharia in het Westen (II)

Tijdschrift Tijdschrift voor Religie, Recht en Beleid, Aflevering 1 2020
Trefwoorden sharia in the West, Islamic law, religious law, comparative law, legal pluralism
Auteurs Prof. dr. Maurits Berger
SamenvattingAuteursinformatie

    This is the second part of the revised translation of ‘Understanding sharia in the West’ that was published in the Journal of Law, Religion and State 2018, 6, p. 236-273. The first part of the translation appeared in Tijdschrift voor Religie, Recht en Beleid 2019, 3, p. 17-31.


Prof. dr. Maurits Berger
Prof. dr. mr. M.S. Berger is hoogleraar Islam en het Westen aan de Universiteit Leiden en directeur van de Leiden Islam Academie. Tevens is hij senior research associate aan Instituut Clingendael, en hoofdredacteur van het Tijdschrift voor Religie, Recht en Beleid.
Article

Access_open On the Eve of Web-Harvesting and Web-Archiving for Libraries in Greece

Tijdschrift Erasmus Law Review, Aflevering 2 2019
Trefwoorden web harvesting, data analysis, text & data mining, TDM: Proposal EU Copyright Directive
Auteurs Maria Bottis, Marinos Papadopoulos, Christos Zampakolas e.a.
SamenvattingAuteursinformatie

    This conference paper submitted on the occasion of the 8th International Conference on Information Law and Ethics (University of Antwerp, December 13-14, 2018) that focused on modern intellectual property governance and openness in Europe elaborates upon the Text and Data Mining (TDM) issue in the field of scientific research, which is still-by the time of composition of this paper-in the process of discussion and forthcoming voting before the European Parliament in the form of provision(s) included in a new Directive on Copyright in the Digital Single Market. TDM is included in the proposal for a Directive of the European parliament and of the Council on copyright in the Digital Single Market-Proposal COM(2016)593 final 2016/0280(COD) that was submitted to the European Parliament.


Maria Bottis
Associate Professor, Department of Archives, Library Science and Museology, Ionian University, Corfu, Greece.

Marinos Papadopoulos
Attorney-at-Law, Independent Researcher, PhD, MSc, JD, Athens, Greece.

Christos Zampakolas
Archivist/Librarian, Independent Researcher, PhD, MA, BA, Ioannina, Greece.

Paraskevi Ganatsiou
Educator, MA, BA, Prefecture of Ionian Islands, Corfu, Greece.

    This article relies on the premise that to understand the significance of Open Access Repositories (OARs) it is necessary to know the context of the debate. Therefore, it is necessary to trace the historical development of the concept of copyright as a property right. The continued relevance of the rationales for copyright interests, both philosophical and pragmatic, will be assessed against the contemporary times of digital publishing. It follows then discussion about the rise of Open Access (OA) practice and its impact on conventional publishing methods. The present article argues about the proper equilibrium between self-interest and social good. In other words, there is a need to find a tool in order to balance individuals’ interests and common will. Therefore, there is examination of the concept of property that interrelates justice (Plato), private ownership (Aristotle), labour (Locke), growth of personality (Hegel) and a bundle of rights that constitute legal relations (Hohfeld). This examination sets the context for the argument.


Nikos Koutras
Postdoctoral Researcher, Faculty of Law, University of Antwerp.
Article

Access_open Mercosur: Limits of Regional Integration

Tijdschrift Erasmus Law Review, Aflevering 3 2019
Trefwoorden Mercosur, European Union, regionalism, integration, international organisation
Auteurs Ricardo Caichiolo
SamenvattingAuteursinformatie

    This study is focused on the evaluation of successes and failures of the Common Market of the South (Mercosur). This analysis of Mercosur’s integration seeks to identify the reasons why the bloc has stagnated in an incomplete customs union condition, although it was originally created to achieve a common market status. To understand the evolution of Mercosur, the study offers some thoughts about the role of the European Union (EU) as a model for regional integration. Although an EU-style integration has served as a model, it does not necessarily set the standards by which integration can be measured as we analyse other integration efforts. However, the case of Mercosur is emblematic: during its initial years, Mercosur specifically received EU technical assistance to promote integration according to EU-style integration. Its main original goal was to become a common market, but so far, almost thirty years after its creation, it remains an imperfect customs union.
    The article demonstrates the extent to which almost thirty years of integration in South America could be considered a failure, which would be one more in a list of previous attempts of integration in Latin America, since the 1960s. Whether it is a failure or not, it is impossible to envisage EU-style economic and political integration in South America in the foreseeable future. So far, member states, including Brazil, which could supposedly become the engine of economic and political integration in South America, have remained sceptical about the possibility of integrating further politically and economically. As member states suffer political and economic turmoil, they have concentrated on domestic recovery before being able to dedicate sufficient time and energy to being at the forefront of integration.


Ricardo Caichiolo
Ricardo Caichiolo, PhD (Université catholique de Louvain, Belgium) is legal and legislative adviser to the Brazilian Senate and professor and coordinator of the post graduate programs on Public Policy, Government Relations and Law at Ibmec (Instituto Brasileiro de Mercado de Capitais, Brazil).
Artikel

Conflict narratives and conflict handling strategies in intercultural contexts

Reflections from an action research project based on restorative praxis

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2019
Trefwoorden action research, conflict, restorative justice, intercultural contexts
Auteurs Brunilda Pali
SamenvattingAuteursinformatie

    A rapidly growing field of research and practice, restorative justice has primarily found its gravitational centre within the criminal justice system, as an alternative of dealing with the aftermath of crime. Less explored remains the application of restorative justice in complex, urban, or intercultural contexts, an application which raises a whole set of conceptual and practical challenges. This article is based on an action project which aimed to research conflict narratives in intercultural contexts and transform them through restorative praxis. Mostly used in educational, organizational, and health care settings, action research remains an underused but a highly interesting methodology for criminology and criminal justice research. Its alternative epistemology makes it particularly apt for scientific projects that aim both at investigating crime and justice related issues and at engendering change, either at the level of criminal justice or communities. Although action research has focused mostly on creating change at the level of practical knowledge, when conceived in a critical manner, action research aims not only at improving the work of practitioners, but also at assisting them to arrive at a critique of their social or work settings. Practice concerns at the same time problem setting or problem framing. By zooming into one of the case studies of the project, more specifically the social housing estates in Vienna, I focus in this article specifically on the tensions and dilemmas created by processes of engagement in a problematizing approach to the context and to practice. During these processes, together with other social actors, such as inhabitants and professionals, we named problems (in our case social conflicts) and framed the context in which we addressed them. I argue that participatory forms of inquiry, such as action research, should actively reframe rather than merely describe contexts and problems they work with.


Brunilda Pali
Brunilda Pali is FWO Postdoctoral researcher, Leuven Institute of Criminology, Leuven, Belgium.
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