New York University Journal of International Law & Politics - April 29, 2007 - Back to Resources Page

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This Article makes observation about contemporary ethnic relations in Israel. Its primary focus is to analyze a central element in the legal status of the Arab-Palestinian minority in Israel: namely, Arab-Palestinians’ minority (or group-differentiated) rights. The theoretical framework employed, however, may also be useful in the comparative legal study of minorities elsewhere.

I. A THEORETICAL FRAMEWORK FOR ANALYZING GROUP DIFFERENTIATED RIGHTS AND THE BACKGROUND OF ETHNIC RELATIONS IN ISRAEL

A. The Complexity of the Legal Status of a Minority

This Article focuses on one aspect of a minority’s legal status, but, at the outset, it is necessary to clarify the term “legal status.” The following definition directs this work: The legal status of a minority is the set of relevant legal norms affecting that minority’s reality (i.e., its sociopolitical status). Such norms primarily concern the following three questions: What are the key norms that take part in establishing power differentials between the minority and the other communities in society; what are the key norms that influence whether these differentials are exploited to the minority’s advantage or disadvantage; and, how does the law provide mechanisms that preserve and stabilize the inter-communal state of affairs or, conversely, mechanisms that help generate changes in it?

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New York University Journal of International Law & Politics - April 29, 2007 - Back to Resources Page