Anti-discrimination law requires groups to self-identify as racialized before they gain protection

Evidence

Based on the case law, it appears that the law requires full racialization whereby society racializes groups but groups also racialize themselves. Thus, there is what I termed a self-identification requirement that necessitates that the self-understanding of the group needs to somewhat match the percep­ tions of others. Given their lack of racialized self-understanding, Muslims are seen in law, in effect, as only partially racialized and therefore not yet/not quite an ethnic or racial group. However, this approach is problematic because it disregards that racial discrimination often precedes a racialized self-understanding and therefore full racialization. Put differently, partially racialized groups experience racial discrimination, which can be a constitutive experience in their eventual full racialization. — Mareike Riedel, Islamophobia, Racial Discrimination…, 66

Categorization

• DEFINE: Introduces the book’s core ‘self-identification requirement’ concept: full racialization requires both external racialization and internal racialized self-understanding.
• QUESTION: What happens to partially racialized groups in law between the onset of external discrimination and eventual self-racialization — a gap where they lack protection during the very discrimination that could catalyze self-racialization?
• XREF: connects to: Australian anti-discrimination law treats race as a social construct shaped partly by others’ perceptions. — Mareike Riedel, Islamophobia, Racial Discrimination…, 51; The legal self-identification requirement for ethnic groups constitutes self-racialization — Mareike Riedel, Islamophobia, Racial Discrimination…, 57; Racial discrimination can precede and constitute a group’s own racialized self-understanding — Mareike Riedel, Islamophobia, Racial Discrimination…, 66 (+4 more)

Broader Connections

• The legal self-identification requirement for ethnic groups constitutes self-racialization #expands (0.92) — Mareike Riedel, Islamophobia, Racial Discrimination…, 57
• The self-identification requirement entered law via ‘ethnic’, not via race itself #expands (0.85) — Mareike Riedel, Islamophobia, Racial Discrimination…, 36
• Racial ascription can override a person’s own refusal of that identity #complicates (0.82) — Cyra Akila Choudhury, Racecraft and Identity in the Emergence…, 526
• Black racial identity is externally imposed before it is self-chosen #complicates (0.80) — Eddie S. Glaude Jr., Democracy in Black, 340
• Racial discrimination can precede and constitute a group’s own racialized self-understanding #complicates (0.78) — Mareike Riedel, Islamophobia, Racial Discrimination…, 66
• Racial self-identification can conflict with claiming discrimination status #qualifies (0.76) — Neda Maghbouleh, The Limits of Whiteness, 105