While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as autists (...) have their own culture, they are likely to be entitled to cultural rights under existing human rights treaties, before arguing that the absence of evidence that their beliefs, values, and behaviors are significantly shaped by distinct social norms renders it unclear whether they do in fact have their own culture. However, I end by arguing that, in terms of autists’ entitlements from a human rights perspective, little seems to depend on this. (shrink)

In more than 20% of countries, a single religion is recognized in the constitution. This article argues that there are good reasons for opposing such ‘mono-recognition’ as it fails to show due concern to members of constitutionally unrecognized religions. Yet rather than opting for disestablishment as Sweden did in 2000, I show that there may be a better alternative in many cases: To constitutionally recognize a variety of religions. After distinguishing synchronic forms of plural recognition whereby multiple religions are constitutionally (...) recognized simultaneously from diachronic forms whereby state religions are rotated, I defend the latter option. On this approach, a multi-religious state might have Catholicism as the state religion during the first part of the year, then Islam, then Judaism, and so on, whereby I argue that there ought to be differences in the amount of time that religions are recognized depending on differences in the strength of their claims to constitutional recognition. Besides being fairer than mono-recognition and synchronic plural recognition, I show that when some religious groups are marginalized, diachronic plural recognition has significant advantages over non-recognition of any religion as constitutionally recognizing these groups’ religions sends valuable signals that their members belong to society. (shrink)

Neurodiversity has remained a controversial concept over the last decade. In its broadest sense the concept of neurodiversity regards atypical neurological development as a normal human difference. The neurodiversity claim contains at least two different aspects. The first aspect is that autism, among other neurological conditions, is first and foremost a natural variation. The other aspect is about conferring rights and in particular value to the neurodiversity condition, demanding recognition and acceptance. Autism can be seen as a natural variation on (...) par with for example homosexuality. The broad version of the neurodiversity claim, covering low-functioning as well as high-functioning autism, is problematic. Only a narrow conception of neurodiversity, referring exclusively to high-functioning autists, is reasonable. We will discuss the effects of DSM categorization and the medical model for high functioning autists. After a discussion of autism as a culture we will analyze various possible strategies for the neurodiversity movement to claim extra resources for autists as members of an underprivileged culture without being labelled disabled or as having a disorder. We will discuss their vulnerable status as a group and what obligation that confers on the majority of neurotypicals. (shrink)

This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated—if not hijacked—by one particular interpretation of what neutrality could imply: namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will first elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Second, we will argue that inclusive proportional (...) neutrality is the most appropriate interpretation in many contexts. Our discussion highlights the fact that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply. (shrink)

Disability rights activists often claim that disability is not—by itself—something that makes disabled people worse off. A popular objection to such a view of disability is this: were it correct, it would make it permissible to cause disability and impermissible to cause nondisability. The aim of this article is to show that these twin objections don’t succeed.

Many individuals on the autism spectrum are hypersensitive to certain sensory stimuli. For this group, as well as for non-autistic individuals with sensory processing disorders, being exposed to e.g. fluorescent lights, perfume odours, and various sounds and noises can be real torment. In this article, I consider the normative implications of such offence for the design of office spaces, which is a topic that has not received any attention from philosophers. After identifying different ways in which the senses of hypersensitive (...) workers might be protected within these spaces, I show that many of such accommodations can be made at reasonable cost, before arguing that doing so ought to be a legal requirement. (shrink)

This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...) favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. Within the umbrella of equal recognition, several principles of linguistic justice can be distinguished. A first, the per-capita principle, mandates prorating language recognition based on a per-capita distribution. A second, the equal-services principle, prescribes upholding the official languages as the languages in which the state speaks and in which public services are provided, irrespective of changing numbers of speakers. Alan Patten defends the prorated per-capita principle. I argue for the (...) equal-services principle, which practically will often amount to a form of linguistic maximin: the more vulnerable the language, the more numerous the resources. (shrink)