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Mediation

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Chapter Summary

Minority claims typically reflect wider competing interests of the affected minority group(s) and the majority. Equally importantly, judicial discourse has engaged in mediating competing claims without necessarily advancing any specific substantive solutions. It might be argued that, the more minority claims expose the central legal themes of minority protection the more that discourse is likely to acknowledge the resulting complexities by turning to an essentially procedural approach whose central concern is to ensure the openness, effectiveness or otherwise legality of the political decision-making process. As discussed in this chapter, this can be noted in relation to both distinctive minority provisions and general provisions that are claimed in connection with individual minority concerns. The chapter also addresses the issue of 'minorities within minorities' in connection with questions of gender equality and representation in the face of internal dissent.

Keywords: gender equality; internal dissent; judicial discourse; mediation; minority groups

10.1163/ej.9789004176720.i-278.22
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