ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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and systematically constructed, in Republican law, to exclude some categories of people of the entitlement of rights, such as women. Céline Fercot: Gender stereotypes discriminations and equality This paper looks at the reform of parental leave the was introduced in 2015. The reform was presented as a was to unsettle the breadwinner/housekeeper stereotypes and rebalance the share of parental roles. It is however expected to have only a limited effect in terms of real gender equality. Not only is the reform essentially incentive in nature it also does not go far enough in its apprehension of the countless stereotypes that affect not only women but also men both in the workplace and in the domestic sphere. Stereotypes are generally analyzed and combated only from the perspective of female stereotypes. Yet even if the position of men can not be analyzed in the same terms as that of women it is important for policy reform to conceive of stereotypes as a whole. Eléonore Lépinard: The invention of colorblind ness: the constitutional politics of race in France (1946-2012) This paper investigates the genealogy and the interpretation of an important constitutional provision, the first one of the French Constitution, which states that the Republic ensures equality of treatment of all its citizens “without distinction based on origins, race or religion”. This anti-discrimination clause has been used several times since the 1990s by the Constitutional Council to promote a color-blind interpretation of the Constitution that has fueled what can be termed a “republican” turn in French constitutional politics. Indeed, since the 1990s any recognition of any group difference (especially those based on sex and race/ethnicity) has been closely scrutinized, and often rejected, by the French Constitutional Council (CC), thereby preventing the implementation of affirmative action policies or the measure of ethnic discrimination. While the CC has invoked in its decisions the first article of the Constitution and a French “tradition” of blindness to differences, a historical perspective on how this article made its way into the Constitution, its conceptual and political premises, reveals quite another story. Looking at the recent constitutional politics of race promoted by the CC in this broader perspective reveals the extent of the CC’s interpretative strategies and its central role in the crafting of an exclusive form of republicanism. all the requirements the state may refuse to grant him or her French citizenship. In other words the procedure distinguishes among foreigner applicants those deemed worthy of joining the national community while granting citizenship through naturalization differentiates within the nation those who came from elsewhere. However the current debate about the deprivation of nationality has shown an extended use of the notion of favor. Indeed it seems to concern henceforth those among French nationals who are conceived as other even if they are born French. This paper aims to address the way in which the notion of favor is used to define French citizenship in the case of racialized others, also in comparison with Germany. Elsa Bourdier: French laicité from freedom to repression The paper uses a distinction first offered by A. Ferrari between legal laïcité and narrative laïcité to differentiate between two levels of discourse relating to laïcité. Narrative laicité is a discourse that refers to a republican ideal Legal laicité is made of positive law. The crucial steps of this evolution of laïcité from an inclusionary to an exclusionary tool (such as, for instance, the 2010 ban on face-concealment) have not, however, been based on legal laïcité but rather on grounds such as safety. While narrative laïcité justifies the banning of face-covering veils, legal laïcité could not –lest legal regimes risk being deemed discriminatory. By studying the decisions of the French Constitutional Court (2010) and the European Court of Human Rights (2014) which controlled the law banning face covering veils in public spaces, the paper aims to demonstrate that narrative laicité impacts the interpretation of the law despite its neutral and general aspect. Sarah Mazouz: Favor as a Frame: Logics of Belonging and Exclusion in French Practices of citizenship The notion of favor is initially limited to the naturalization procedure. Indeed unlike the other ways of acquiring French citizenship naturalization is defined as a ‘favor’ made by the state to deserving foreigner applicants. It means that even if the applicant fulfills Concurring panels 142
SUNDAY 19 JUNE 2016 9:00 – 10:45 am PanelS Session V Concurring panels 143
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ICON S Conference 17 - 19 June 201
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ICON S Conference 17 - 19 June 201
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ICON S Inaugural Governance The In
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Saturday 18 June 2016 Sunday 19 Jun
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EVENTs Plenary PLENARY Events 7
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FRIDAY 17 JUNE 2016 → UL6 Audima
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FRIDAY 17 JUNE 2016 → UL6 Audima
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saturday 18 JUNE 2016 → UL6 Audi
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concurring panels Concurring panels
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Panels Session i FRIDAY, 17 JUNE 20
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p. 61 30 RACIAL OTHERNESS IN EUROPE
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p. 94 57 IRREGULAR IMMIGRANTS ACROS
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p. 127 85 OTHERNESS IN PUBLIC LAW J
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p. 160 112 REFUGEE PRIVILEGE OR HUM
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1 CONSTITUTIONALISM AND CONSTITUTIO
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3 FIGHT OVER THE TURKISH CONSTITUTI
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5 REGIONAL AND CONSTITUTIONAL STRUC
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7 COMPARATIVE PERSPECTIVES ON THE L
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will demonstrate that OTC derivativ
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conditionality is still driven only
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mechanisms and practices of surveil
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on the income and social benefits o
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SATURDAY 18 JUNE 2016 9:00 - 10:45
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17 WOMEN IN THE LAW Panel formed wi
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19 WHO DRAWS THE BOUNDARIES? The Is
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Constitutional Court, which engages
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22 QUESTIONING HIERARCHICAL BOUNDAR
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The paper strives to present the po
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25 BORDERS & POPULATION DESIGN: TES
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versities? Who are the national aut
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28 COLLECTIVE MEMORY AND PUBLIC LAW
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Germans from the East, large guest
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ertheless, the introduction of this
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Orla Lynskey: The free movement of
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35 CONSTITUTIONALISM IN RUSSIA: COM
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are viewed as “other” by one an
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Matej Avbelj: On the Nature of EU C
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Christopher Alexander Thomas: Avoid
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ench. By so doing, the article atte
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SATURDAY 18 JUNE 2016 11:30 am - 1:
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44 CONSTITUTIONAL JURISDICTION, DIA
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Jaclyn Ling Chien Neo: Secular Cons
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47 COMPARING LAW(S) AND INSTITUTION
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49 SUSTAINABLE URBAN DEVELOP- MENT
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Johannes Eichenhofer: An alternativ
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Stephanie Law: The Constitutionalis
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Page 97 and 98: Emily Ryo: Developing Legal Cynicis
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Page 103 and 104: 62 THE NEXT LEGAL FRONTIERS IN EURO
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Page 121 and 122: Michèle Finck: The Right to the Ci
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Page 167 and 168: 116 THE RIGHT OF NON-CITIZENS TO CO
Page 169 and 170: 118 THE TRANSATLANTIC TRADE AND INV
Page 171 and 172: 120 OTHERNESS IN LATIN AMERICA: LEG
Page 173 and 174: Caitlin Goss: Constitutional drafti
Page 175 and 176: development of the political econom
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Page 193 and 194: A David Abraham University of Miami
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Pauline Endres de Oliveira Justus L
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Ingrid Leijten Leiden University 1
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Tilman Reinhardt Humboldt Universit
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Vanessa Wintermantel WZB Berlin Soc
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With the collaboration of Funded by
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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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