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Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret
Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret
Dalhousie Law Journal
This article seeks to critically examine political and legal practices of "racial blindness" by comparing two countries that have most enthusiastically embraced it as an official policy and even ideology: France and Rwanda. By highlighting the differences but also the significant commonalities between the two, it seeks to dynamically emphasize their explicit and implicit construction of race and ethnicity The case for racial blindness is first presented in the terms in which it is largely understood in those countries, and taken seriously as an effort to deal with their unique legacies and political circumstances, notably as part of a desire …
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
Dalhousie Law Journal
Canada and India are both pluralistic democracies with diverse populations. Both countries have drafted constitutional provisions which enshrine equality rights and permit affirmative action. In India, various disadvantaged groups receive special protection from the Constitution of India, such as the Other Backward Classes (OBC). The Supreme Court of India has held that States and the Central government must identify the "creamy layer" within the OBC category so that reservations target members who are most in need. Otherwise, the OBC category is overinclusive. The creamy layer includes those who are socially and economically advanced and who no longer require the benefits …