Granting differential treatment is often considered a way of placing some groups in a better position in order to maintain or improve their cultural, economic, health-related or other conditions, and to address persistent inequalities. Critics of multiculturalism have pointed out the tension between protection for groups and protection for group members. The ‘rule-and-exemption’ approach has generally been conceived as more resistant to such criticism insofar as exemptions are not conceded to minorities or ethical and religious groups as such, but to (...) individuals who are part of those groups. However, I show that when a government grants an exemption, it inevitably provides a definition of the relevant group in question, and the tendency is to take cultural membership as ‘given’ or as defined by group spokespersons. I discuss some problems related to these definitions and defend instead a definition based on shared group interests. (shrink)

The legal and normative openness of human rights allows for the integration of new subjects, arenas, violators, and protectors of human rights. Indigenous movements manage to use this flexibility and implement their claims within the human rights system. Yet, indigenous rights cause manifold discussions and ambiguities, all of which are related to the question of the concept of indigeneity. In spite of the endeavor for pragmatic and flexible approaches, scopes and implications of concepts of indigeneity need to be dealt with. (...) This paper discusses both scope and implications, starting from hegemonic criteria for a working definition of indigeneity. It shows how indigenous identity is inextricably linked to its non-indigenous other. Subsequently, indigenous human rights entail specific repercussions in indigeneity being a resource and an imperative. Those repercussions stem from indigeneity being simultaneously a source and target of indigenous human rights claims and from the self-referential duplication of the right to indigeneity for indigenes, respectively. The provided tools for an analysis of the ambiguities of indigenous human rights contribute to their further and more just development, implementation, and monitoring. (shrink)