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The chapter demonstrates how religious freedom and robust pluralism can be catalysts for social healing – benefiting individuals and communities, building social capital, and encouraging solidarity. The chapter concludes with four case studies of bridging religious divides to achieve positive change, address injustice, reach compromise, and overcome adversity.
Why are religious minorities well represented and politically influential in some democracies but not others? Focusing on evangelical Christians in Latin America, I argue that religious minorities seek and gain electoral representation when (a) they face significant threats to their material interests and worldview and (b) their community is not internally divided by cross-cutting cleavages. Differences in Latin American evangelicals’ political ambitions emerged as a result of two critical junctures: episodes of secular reform in the early twentieth century and the rise of sexuality politics at the turn of the twenty-first century. In Brazil, significant threats at both junctures prompted extensive electoral mobilization; in Chile, minimal threats meant that mobilization lagged. In Peru, where major cleavages divide both evangelicals and broader society, threats prompt less electoral mobilization than otherwise expected. The multi-method argument leverages interviews, content analysis, survey experiments, ecological analysis, and secondary case studies of Colombia, Costa Rica, and Guatemala.
Why are religious minorities well represented and politically influential in some democracies but not others? Focusing on evangelical Christians in Latin America, I argue that religious minorities seek and gain electoral representation when (a) they face significant threats to their material interests and worldview and (b) their community is not internally divided by cross-cutting cleavages. Differences in Latin American evangelicals’ political ambitions emerged as a result of two critical junctures: episodes of secular reform in the early twentieth century and the rise of sexuality politics at the turn of the twenty-first century. In Brazil, significant threats at both junctures prompted extensive electoral mobilization; in Chile, minimal threats meant that mobilization lagged. In Peru, where major cleavages divide both evangelicals and broader society, threats prompt less electoral mobilization than otherwise expected. The multi-method argument leverages interviews, content analysis, survey experiments, ecological analysis, and secondary case studies of Colombia, Costa Rica, and Guatemala.
Why are religious minorities well represented and politically influential in some democracies but not others? Focusing on evangelical Christians in Latin America, I argue that religious minorities seek and gain electoral representation when (a) they face significant threats to their material interests and worldview and (b) their community is not internally divided by cross-cutting cleavages. Differences in Latin American evangelicals’ political ambitions emerged as a result of two critical junctures: episodes of secular reform in the early twentieth century and the rise of sexuality politics at the turn of the twenty-first century. In Brazil, significant threats at both junctures prompted extensive electoral mobilization; in Chile, minimal threats meant that mobilization lagged. In Peru, where major cleavages divide both evangelicals and broader society, threats prompt less electoral mobilization than otherwise expected. The multi-method argument leverages interviews, content analysis, survey experiments, ecological analysis, and secondary case studies of Colombia, Costa Rica, and Guatemala.
In recent years, LGBTQ rights have scored a number of high-profile legislative and judicial successes around the world, including the legal recognition of same-sex relationships and non-binary gender identities. However, the advancement of LGBTQ rights still faces significant obstacles in many jurisdictions, even when it comes to basic issues such as the decriminalization of homosexual relations. This chapter focuses on the case of Singapore to examine the politics of LGBTQ rights, and, in particular, the ways in which activists interpret and respond to challenging structural conditions. Based on the author’s fieldwork, and written from both socio-legal and constitutional law perspectives, the chapter analyzes why LGBTQ rights activists who had long avoided rights litigation changed their minds and brought a constitutional challenge against the criminalization of same-sex relations, the outcomes of the litigation campaign, and the future of LGBTQ rights in Singapore.
This chapter examines the contested concept of constitutional identity in the comparative constitutional law literature and situates it in the specific jurisdictional context of Nepal. In particular, the analysis concentrates on the foundational function of constitutions and explores the relationship between constitutionalism, identity politics, and constitutional design. Nepal is an ideal case study for exploring the notion of constitutional identity because it sits uneasily within the traditional taxonomies used in the discipline. For instance, Nepal is the only South Asian country that was never colonised and whose legal system does not operate in English, but in the country’s national language, Nepali. This unusual level of historical continuity in the process of nation-building has complicated the construction of constitutional identity, as demonstrated by the embattled historical relationship between the Shah-centered “national monarchy” and democracy, the enduring and controversial position of Hinduism in the constitutional framework, and the patterns of legal discrimination on the basis of identity that persist in the new 2015 constitution.
The first section of this Element reviews the history of LGBTQ rights in the region since the 1960s. The second section reviews explanations for the expansion of rights and setbacks, especially since the mid 2000s. Explanations are organized according to three themes: (1) the (re-)emergence of a religious cleavage; (2) the role of political institutions such as presidential leadership, political parties, federalism, courts, and transnational forces; and (3) the role of social movement strategies, and especially, unity. The last section compares the progress on LGBTQ rights (significant) with reproductive rights (insignificant). This Element concludes with an overview of the causes and possible future direction of the current backlash against LGBTQ rights.
This essay revisits the debates and legal contests that grew in Cameroon at the turn of the millennium but failed to bring justice for members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Several members of sexual minorities were tried in Cameroon courts and sentenced to serve jail time. In order to reflect on the state of legal limbo for LGBTQ people in Cameroon, I also revisit the South African case Minister of Home Affairs and the Director General of Home Affairs versus Marie Adrianna Fourie and Cecelia Johanna Bonthuys, which led to legalization of same-sex relationships and marriage in South Africa. In the first and longer part of the essay, I discuss the situation in Cameroon and South Africa. In the second part, I briefly discuss the different legal outcomes in the two countries. I conclude with a brief discussion of signs of hope in the critical dialogue on justice in the debate on same-sex relations in Africa. My goal in this essay is not to offer expert opinion on the legal entanglements on the question of same-sex relations, but to demonstrate that legal and constitutional protections offer the best chance for gaining the rights of LGBTQ people in Africa.
Chapter 8 investigates the effects of group empathy on attitudes regarding a variety of policy changes that took place after Trump’s election. We examine how group empathy affects support for the Trump administration’s border wall and family separation policies, as well as its attempts to end the Obama-era DACA program. We also revisit Trump’s travel and immigration ban on several Muslim countries after he turned his controversial campaign promise into government policy via executive order. We further explore how group empathy influences opinions about some other group-related political issues such as hurricane relief for Puerto Rico, misappropriation of Native American names, symbols, and imagery in sports, as well as removal of Confederate statues and monuments. Finally, we examine the relationship between group empathy and support for contemporary social movements, namely Black Lives Matter, #MeToo, and LGBTQ rights. In all these tests, we find that group empathy is a powerful determinant of public reactions to the Trump administration’s policies above and beyond partisanship, ideology, and many other predispositions including racial resentment, even for issues concerning non-racial/ethnic marginalized outgroups.
This chapter looks at the proliferation and pluralization of the subject of human rights, in terms of identity and difference, in the twentieth century, with its inclusion of previously elided constituencies – women, LGBTQ individuals, persons with disabilities, migrants, and so on. The authors test the limits of this plurality by studying its imbrication with heteronormative notions of reproductive futurism, transnormativity, ableism, and neoliberal agency. The texts in consideration are three documentary films – Growing up Coy, Born in the Wrong Body: My Transgender Kidand Kids on the Edge: the Gender Clinic. This chapter seeks to understand the potentialities and limitations of transformative identity-based legal categories, and the children whose personal lives are derecognized within the systems of these categories, and also to ‘queer’ or ‘crip’ established human rights discourses which have their roots in heterosexist notions of ownership of one's body.
This chapter looks at two nexuses: law-and-literature and human-rights-and-literature. In her analysis of Charles Reznikoff’s book-length poem Testimony: the United States (1885-1915): Recitative (1978), the author brings the law-and-literature paradigm to bear on literary expression of human rights. She finds in the text overlapping ideations of the procedural and the performative, in its juridical and literary dimensions. On the one hand, the text serves to show the limitations of the law and its technologies such as the trial, which literary performance can help compensate for. On the other hand, Reznikoff's poem also proves the necessity for these technologies as organizing principles, especially in methods like citation and precedent, in order to battle the ever present risk of erasure.
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