This article uses the example of Northern Ireland to illustrate how political mobilization may be deployed to challenge structural forms of inequality. The experience suggests that regulatory models can be designed for particular contexts to shape approaches that present challenges to dominant economic and political orthodoxies. The intention is not to overstate the significance of this specific transitional context but simply to highlight elements that might feature in any attempt to mobilize successfully around human rights and equality, and against aspects of neo-liberal thinking.
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IntroductionAffirmative action is a sharply contested concept. The question of how inequality is addressed remains pressing because of the significance to individuals and communities of being enabled to participate effectively in social, political, economic and cultural life. Laissez faire policies of non-intervention, promoted by neoliberalism, do little to disrupt established patterns of unfairness. The argument in this article is that social and political mobilization can succeed, even in the face of neoliberal pressures, to secure progressive group-based measures to protect human rights and equality. The rise of a globalized movement arguing for human rights and equality, reinvigorated in the second half of the 20 th century, has promoted sophisticated understandings of the relationship between the rights of individuals and the rights of groups (Kymlicka, 2007). The term 'affirmative action' can be elusive, and can also be understood differently in localized settings. At its core, it represents an attempt to create the conditions for individuals and communities to participate in a range of social, political, economic and cultural spheres. The ambition is to eradicate barriers to participation that are structurally embedded, and will not erode in the absence of forms of directed legal and political action. In law, this will often mean the creation of legal tools to make change possible -in other words, using law to achieve social change. The picture that emerges is complex, and includes political mobilization through law, the enactment of measures, and the continuing contestation that arises. Keeping in mind the multiplicity of approaches, the aim here is simply to sketch how discussions in Northern Ireland might relate to the global conversation. The intention is therefore to highlight the adoption of affirmative action policies in the specific context of ethno-national division, and then to reflect on some of the implications. The Northern Ireland experience is of a society that has witnessed violent conflict, but which exists in a European liberal democratic setting. This shapes the normative reality of what might be possible, and indicates how we should understand this example. The global and the local therefore meet in a delicate set of interactions which are ongoing. The debate is brought into sharp focus in the tensions which emerge with the rise of neo-liberalism, and the models of political life it endo...