The right to consultation is a right to be heard
The right to consultation is a right to be heard
In this chapter, we argue that approaches to consultation that purport to give affected Peoples a chance to speak without ensuring that what they say is heard, do not amount to consultation in any meaningful sense. We demonstrate this, making use of the theoretical framework of epistemic injustice, by outlining some of the many ways in which Peoples are not heard, facing instead practices of hermeneutical and testimonial injustice. As a result, the right to consultation, we find, needs to be recognized as a right to be heard. More work needs to be done to articulate exactly what a right to be heard entails and demands, but we have suggested a few possible guidelines for the realization of this right.
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Lupin, Dina
526ee2bc-7f3d-4a01-9d21-358a8999e364
Townsend, Leo
237e8b4b-4cdd-4c54-af13-0ae93856d8a4
28 March 2023
Lupin, Dina
526ee2bc-7f3d-4a01-9d21-358a8999e364
Townsend, Leo
237e8b4b-4cdd-4c54-af13-0ae93856d8a4
Lupin, Dina and Townsend, Leo
(2023)
The right to consultation is a right to be heard.
In,
Lupin, Dina
(ed.)
A Research Agenda for Human Rights and the Environment.
(Edit Elgar Research Agendas)
Edward Elgar Publishing, .
(doi:10.4337/9781800379381.00014).
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Abstract
In this chapter, we argue that approaches to consultation that purport to give affected Peoples a chance to speak without ensuring that what they say is heard, do not amount to consultation in any meaningful sense. We demonstrate this, making use of the theoretical framework of epistemic injustice, by outlining some of the many ways in which Peoples are not heard, facing instead practices of hermeneutical and testimonial injustice. As a result, the right to consultation, we find, needs to be recognized as a right to be heard. More work needs to be done to articulate exactly what a right to be heard entails and demands, but we have suggested a few possible guidelines for the realization of this right.
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Published date: 28 March 2023
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Local EPrints ID: 476464
URI: http://eprints.soton.ac.uk/id/eprint/476464
PURE UUID: 74b36309-0faa-440e-90ff-a4d55d85e3af
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Date deposited: 03 May 2023 16:42
Last modified: 17 Mar 2024 04:12
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Author:
Dina Lupin
Author:
Leo Townsend
Editor:
Dina Lupin
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