Constitutions are legal constructs that codify human rights, among other things. In a constitution, we typically find normative minimum standards that regulates the relationship between a government and its citizens, and also the relationship between citizens. Constitutional provisions also offer exception clauses that may lead to a deviation from the minimum standard, mostly under very strict conditions. This is often done in the realisation that one right may stand in the way of implementing another: the issue of conflicting fundamental rights. A constitution therefore also mitigates between these rights, and should offer solutions for how to deal with situations in which there is a friction between such rights. In this chapter, we introduce several case studies in which the friction between fundamental rights is used to help those who do not feel heard or who feel underrepresented in exercising their fundamental human rights. We demonstrate how we can use storytelling and other creative methods to effectively establish a bottom-up approach in empowering these individuals, and enabling them to, for instance, make a living by using the constitutional friction to their benefit. We focus on three recent research initiatives in the Netherlands by social designers: the In Limbo Embassy, the Building Deposit, and the Image Depot. These initiatives have a Applied human rightsManon van Hoeckel, Bart F.W. Wernaart and Danielle J.A.M. Arets common goal: to improve the human right conditions of the underrepresented and marginalised. The constitutional friction is thereby used as a playground in which to experiment and explore. Key concepts▶ Constitutional friction is the result of conflicting fundamental rights. ▶ An exception clause is a legal construct that allows deviation from a fundamental right under very strict conditions in order to balance conflicting fundamental rights. ▶ An illegally residing alien is a foreigner who is denied a residence permit and has exhausted all legal remedies. ▶ A homeless young person is an individual without permanent housing in the 18-30 age group. ▶ A social designer uses design methodologies to tackle or address complex human issues, while prioritising social issues.
many scholars have stressed throughout history, healthy public debates are key to the revitalisation of democracy. There is currently a genuine cry to steer away from polarized debates and to work towards consensus. Over time philosophers such as Aristotle (384-322 BC), Arendt (1958), and Mouffe (2000, 2005), have convincingly argued that struggle, torment and dispute are an essential part of a healthy democracy, and that there is a need to design rules to enable these conflicts to be retained. How could design offer us the means, tools and spaces to better articulate differences, and to tackle current polarized debates? We will first sketch how public debates have evolved over time, mapping out the rules that were designed to prevent conflicts from getting out of hand. After that we will investigate a case study and based on the insights generated, try to demonstrate how design could offer us meaningful tools for constructive debates.
No abstract
No abstract
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.