Inclusion and the Politics of Difference: Taking Culture Out of Multiculturalism

Vrinda Narain

I. Structural Inequalities and the Politics of Difference

In evaluating the justice of minority claims, whether and to what extent does justice require attending to, rather than ignoring social group differences?

There are at least two kinds of politics of difference – the politics of cultural difference and the politics of structural difference.

II. The Accommodation of Difference

The big question remains how best to accommodate minority claims?

What is required in terms of accommodation to give public recognition to cultural diversities?

 Limits of a politics of cultural difference

The focus on cultural difference might obscure the importance of structural injustices such as racism, gender inequality and disability.

 

III. Certain Dreadful Practices and the Limits of Tolerance

 Gender issues test the limits of toleration through customs and practices such as polygamy, under-age marriage and niqab.

 IV. Multiculturalism, equality and religious freedom

What should be done when minority claims for accommodation conflict with mainstream norms of gender equality?

What are the issues that emerge when equality concerns and religious freedom intersect?

 A review of S.2(a) decisions demonstrates that Canadian jurisprudence can sustain progressive, rights affirming decisions.

V. Bill 94

What are the rights implications of this Bill? Does it forward women’s equality and promote

inclusion? Does it promote women’s agency and choice? Can it be seen as emancipatory for all women? What about the particular impact on minority

women? Does it encourage democratic participation? Would such a Bill withstand a constitutional

challenge?

The Ontario Niqab Case

Denying niqab-wearing women access to justice cannot be justified on the basis that it furthers their equality.

Nor can this denial be justified on the basis that such exclusion is somehow liberating.

Effectively disenfranchising women who wear a niqab is inconsistent with promoting their substantive equality and respecting and protecting their Charter rights. 

Bill 94

Views on the Niqab

Feminism, Religion and the Niqab (B. O’Neill et al., January 2011)

Views on the NiqabFeminism, Religion and the Niqab (B. O’Neill et al., January 2011)

Niqab in Québec

http://www.youtube.com/watch?v=TjFLxXQR1To