Disability Within Minority Justice: The Double Exclusion of Persons with Disabilities from Religious and Indigenous Communities

Abstract

Disability rights scholarship and minority-rights scholarship have often developed through separate analytical frameworks, potentially overlooking individuals who simultaneously belong to more than one marginalized group. This article examines the double exclusion experienced by persons with disabilities within religious and indigenous minority communities in Indonesia. The study investigates how disability, minority identity, institutional design, and cultural practices interact to shape access to worship, education, community participation, public services, and legal remedies. Using an intersectional socio-legal approach, the research analyzes disability legislation, minority-rights frameworks, constitutional guarantees, and selected institutional and community practices. The article argues that single-category legal protection is insufficient because disability policies may overlook cultural and religious contexts, while minority-rights policies may fail to address accessibility and reasonable accommodation. As a result, persons with disabilities within minority communities can remain invisible within both systems. The study proposes an integrated framework based on intersectionality, substantive equality, accessibility, reasonable accommodation, and community participation. It further argues that inclusion should not require individuals to choose between their cultural or religious identity and their disability rights. The article concludes that minority justice must account for internal diversity within minority communities and recognize that marginalized identities can intersect to create distinct forms of vulnerability. This approach expands the conceptual scope of minority justice and provides a basis for more inclusive legal and policy interventions in Indonesia.