Albinism, colourism and the law: Challenges in conceptualizing and operationalizing race and ethnicity

Pap, András László (2025) Albinism, colourism and the law: Challenges in conceptualizing and operationalizing race and ethnicity. HUNGARIAN JOURNAL OF LEGAL STUDIES, 66 (1). pp. 74-95. ISSN 2498-5473

Preview

Text 2052-article-p74.pdf - Published Version Available under License Creative Commons Attribution. Download (377kB) | Preview

Abstract

Connecting to discussions on ‘new’ minorities, this article presents the case of People with Albinism, positioned at the intersection of race, ethnicity, colour, and disability. The article begins with an overview of how Albinism is conceptualized as a medical condition. The subsequent section turns to a discussion of how Albinism becomes a source of social exclusion, as well as a threat to personal safety and life in Africa. The next section provides an assessment of various international legal approaches to conceptualizing and accommodating Albinism under: (i) human rights commitments to combat exclusion and persecution in Africa under the auspices of the United Nations and regional human rights organizations; (ii) human rights commitments under the auspices of instruments designed to protect and recognize people with disabilities; and (iii) extending protections against racial and related forms of discrimination by using ‘race’ and ‘colour’. Mainly using US cases and examples, a focused discussion addresses how law recognizes ‘colour’ as a sui generis, independent legal concept, acknowledging new complexities of social meaning and a distinct type of stereotyping, stigma, and discrimination that can accommodate both intragroup and intergroup (interracial and intra-racial) harms.

Actions (login required)

Edit Item