Lower Benefits to the Refugees in Denmark: Missing Recognition?

This article is a study of the contrast between the Danish law concerning reduced economic benefits for newly arrived refugees and immigrants (known as Start Help or as introductory benefit) and the idea of recognition as the condition for individual self-realization and justice. Our assumption is that Start Help both implies economic discrimination against newly arrived persons in Denmark (especially refugees and their families under family reunification rules) and symbolizes a lack of recognition. We have chosen to adopt the theories of recognition (and redistribution) propounded by Axel Honneth and Nancy Fraser to explore our queries about Start Help and the discriminatory impact on its recipients. Empirically the article is based on in-depth qualitative interviews with six refugees who all receive Start Help.

The Benefits of Multilingualism for Statutory and Constitutional Interpretation in South Africa

Taking the South African experience as an example, this article considers the interpretive benefits to be reaped from having access to bi- and multilingual versions of a statutory text. The discussion takes place against the backdrop of a history of statutory bi- and multilingualism in the said jurisdiction as well as, at present, constitutional guarantees of language rights and the “parity of esteem” of eleven official languages. It is argued that, if invoked with due discretion and in a non-rigid way, statutory multilingualism can be a boon to statutory and constitutional interpretation. The South African courts – whose traditional approach to statutory inter-pretation has tended to be literalist, formalistic and formulaic – are, generally speaking, to be commended for their supple use of bilingualism as an aid to interpretation over the years. The advent of constitutional multilingualism and the (potential) availability of statutory texts (and the Constitution) in more than two languages, have moreover created conditions conducive to the further development and refinement of reliance on multilingualism in statutory and constitutional interpretation – certain challenges notwithstanding.