Dimensions of Cultural Exclusion in National Legal Frameworks: A Qualitative Study
Keywords:
Cultural exclusion, legal frameworks, ethnic minorities, qualitative research, legal consciousness, Iran, justice accessAbstract
This study aims to explore the dimensions of cultural exclusion experienced by marginalized ethnic groups within national legal frameworks in Tehran, focusing on how legal institutions perpetuate structural, symbolic, and psychological barriers to justice. A qualitative phenomenological approach was employed, involving semi-structured interviews with 27 participants from diverse cultural minorities residing in Tehran. Participants were selected through purposive sampling to ensure varied representation. Data collection continued until theoretical saturation was reached. Interviews were audio-recorded, transcribed verbatim, and analyzed thematically using NVivo software through open, axial, and selective coding. Three main themes emerged from the data: (1) Structural disparities in legal systems, characterized by unequal access to legal representation, bureaucratic barriers, discriminatory law enforcement, and lack of multilingual services; (2) Symbolic marginalization and legal invisibility, including cultural blindness in legal texts, suppression of customary laws and cultural symbols, stereotyping in judicial reasoning, and neglect of historical discrimination; (3) Psychological and social impacts of exclusion, such as legal alienation, internalized marginalization, emotional distress, social stigma, and inhibited civic participation. Participants reported pervasive feelings of distrust, fear, and humiliation when engaging with legal institutions, which contributed to disengagement from formal justice and civic processes. Cultural exclusion in national legal frameworks is a multifaceted phenomenon that extends beyond procedural barriers to encompass symbolic and psychological dimensions, ultimately undermining justice and social cohesion. Addressing these issues requires systemic reforms, including the institutionalization of multilingual legal services, cultural competence training, recognition of customary laws, inclusive policymaking, and legal literacy initiatives. This study contributes empirical evidence from Tehran that underscores the urgent need for culturally responsive legal systems to promote equity and inclusion.
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