TRANSITIONAL JUSTICE AND THE TASK OF INCLUSION: A HABERMASIAN PERSPECTIVE ON THE JUSTIFICATION OF ABORIGINAL EDUCATIONAL RIGHTS

摘要

In February 2012, Canada's Truth and Reconciliation Commission released an interim report that detailed its findings based on extensive testimony by former students of the nation's residential school system, a system designed to forcibly assimilate aboriginal peoples. The report concludes that the state must play an active role in the restoration of indigenous culture and knowledge. It is against this background that Christopher Martin analyzes the idea of aboriginal educational rights. The concern here is not so much with aboriginal persons' right to a fair share of educational provision, but with the aboriginal person's right to reassert authority over his or her developmental interests, including an interest in culture and identity. The specific role of educational rights in such debates remains an important one, especially since such discussions impinge on difficult issues of state sovereignty and cultural rights. In this essay Martin examines various justifications of aboriginal educational rights and develops a Habermasian justification that remains consistent with individual rights.