Exploring the Legal Consciousness of Ethnic Minorities in State Institutions

Authors

    Nima Ghanbari Department of Criminal Law, University of Tehran, Tehran, Iran
    Shadi Kavoosi * Department of Middle Eastern Politics, University of Tehran, Tehran, Iran shadi.kavoosi84@yahoo.com

Keywords:

Legal consciousness, ethnic minorities, state institutions, Iran, workplace discrimination, qualitative research, institutional trust

Abstract

This study aims to explore the legal consciousness of ethnic minorities working within state institutions in Tehran, focusing on how they perceive, interpret, and navigate legal norms amid institutional and ethnic challenges. A qualitative research design was employed using semi-structured interviews with 21 ethnic minority participants employed in various governmental institutions in Tehran. Participants were purposively sampled until theoretical saturation was reached. Data were audio-recorded, transcribed verbatim, and analyzed thematically using NVivo software to identify key themes and patterns related to legal consciousness. Three main themes emerged from the data: (1) perceptions of legal norms and justice, highlighting a gap between formal legal equality and practical disparities, limited institutional trust, and reliance on informal legal knowledge; (2) navigating ethnic identity in institutions, characterized by identity concealment, workplace discrimination, stereotype resistance, and the role of informal support networks; and (3) coping strategies and legal agency, including strategic compliance, legal adaptation, collective voice, emotional resilience, and external advocacy reliance. Participants expressed ambivalence toward institutional legal frameworks, balancing compliance with subtle resistance. The intersection of ethnic identity and institutional roles created complex experiences of marginalization and agency within bureaucratic power structures. The legal consciousness of ethnic minorities in Iranian state institutions is multifaceted, shaped by experiences of exclusion, institutional distrust, and adaptive strategies. Enhancing institutional transparency, promoting diversity and inclusion, and strengthening complaint mechanisms are vital to improving legal engagement and fostering empowerment among minority employees.

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References

Abel, R. L. (2008). Law and society: Project and practice. Annual Review of Law and Social Science, 4(1), 1–23. https://doi.org/10.1146/annurev.lawsocsci.4.110707.172328

Albiston, C. R. (2005). Bargaining in the shadow of social institutions: Competing discourses and social change in workplace mobilization of civil rights. Law & Society Review, 39(1), 11–50. https://doi.org/10.1111/j.0023-9216.2005.00073.x

Alinia, M. (2013). Honor and violence against women in Iraqi Kurdistan. Palgrave Macmillan.

Bayat, A. (2010). Life as politics: How ordinary people change the Middle East. Stanford University Press.

Berrey, E., Nelson, R. L., & Nielsen, L. B. (2017). Rights on trial: How workplace discrimination law perpetuates inequality. University of Chicago Press.

Constitution of the Islamic Republic of Iran. (1979). Articles 19 and 20. https://www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf

Ewick, P., & Silbey, S. S. (1998). The common place of law: Stories from everyday life. University of Chicago Press.

Fraser, N. (2000). Rethinking recognition. New Left Review, 3, 107–120.

Keshavarzian, A. (2007). Bazaar and state in Iran: The politics of the Tehran marketplace. Cambridge University Press.

Marshall, A. M., & Barclay, S. (2003). In their own words: How ordinary people construct the legal world. Law & Social Inquiry, 28(3), 617–628. https://doi.org/10.1111/j.1747-4469.2003.tb00211.x

McCann, M. (2006). Law and social movements: Contemporary perspectives. Annual Review of Law and Social Science, 2, 17–38. https://doi.org/10.1146/annurev.lawsocsci.2.081805.105917

Menjívar, C., & Abrego, L. J. (2012). Legal violence: Immigration law and the lives of Central American immigrants. American Journal of Sociology, 117(5), 1380–1421. https://doi.org/10.1086/663575

Merry, S. E. (1990). Getting justice and getting even: Legal consciousness among working-class Americans. University of Chicago Press.

Nielsen, L. B. (2000). Situating legal consciousness: Experiences and attitudes of ordinary citizens about law. Law & Society Review, 34(4), 1055–1090. https://doi.org/10.2307/3115139

Sarat, A. (1990). “... The law is all over”: Power, resistance and the legal consciousness of the welfare poor. Yale Journal of Law & the Humanities, 2(2), 343–379.

Silbey, S. S. (2005). After legal consciousness. Annual Review of Law and Social Science, 1(1), 323–368. https://doi.org/10.1146/annurev.lawsocsci.1.041604.115938

UNHRC. (2022). Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran. United Nations Human Rights Council. https://undocs.org/en/A/HRC/49/75

Yousefi, M., & Alinia, M. (2020). Ethnic discrimination and resistance in Iran: The case of the Kurdish minority. Ethnicities, 20(5), 823–842. https://doi.org/10.1177/1468796819888456

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Published

2023-07-01

Submitted

2023-05-09

Revised

2023-06-08

Accepted

2023-06-20

How to Cite

Ghanbari, N., & Kavoosi, S. (2023). Exploring the Legal Consciousness of Ethnic Minorities in State Institutions. Journal of Human Rights, Law, and Policy, 1(3), 1-8. https://jhrlp.com/index.php/jhrlp/article/view/13

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