international journal on minority and group
rights 25 (2018) 132-151
© koninklijke brill nv, leiden, 2018 | doi 10.1163/15718115-02501005
brill.com/ijgr
Asymmetrical Recognition. Group Vulnerability
and Group Rights, beyond Cultural Identities
Fabio Macioce
Professor of Philosophy of Law and Bioethics, lumsa University, Rome, Italy
fmacioce@libero.it
Abstract
In this article, I argue for a strategy of accommodation of minorities that lowers the
opposition between majority and minorities, and takes the concept of group vulner-
ability into consideration. I argue for a demystification of cultural identities regarding
legal disputes. Even if culture remains personally and socially crucial, it is considered
only one factor among others. Then I analyse the concept of group vulnerability, and
the role it can play in accommodating diversities. Finally, I discuss to what extent such
a strategy may be interpreted as a form of asymmetrical reciprocity. This can profitably
work for the accommodation of minorities in diverse societies by asking public insti-
tutions to provide proof that the specific conditions and needs of vulnerable people
have been considered, in order to appreciate the proportionality and reasonability of
their choices.
Keywords
group vulnerability – multiculturalism – European Court of Human Rights (ECtHR) –
minorities – asymmetrical balance
1 Majority versus Minorities, in Times of Populism
Policies of recognition, and more generally policies aimed at the accommo-
dation of ethno-cultural minorities in diverse societies, have been criticized
for many reasons. They have been perceived as too abstract and unconcerned
about redistributive efforts to ameliorate social inequalities; as essentializing
groups on too undetermined notions of culture; as being destined to undermine