Kristin Henrard

Minority Protection in Post-Apartheid South Africa (eBook, PDF)

Human Rights, Minority Rights, and Self-Determination

• Format: PDF

Produktbeschreibung

Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter.

In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.

Produktdetails

• Verlag: Bloomsbury Publishing Inc
• Seitenzahl: 328
• Altersempfehlung: ab 7 Jahre
• Erscheinungstermin: 30. August 2002
• Englisch
• ISBN-13: 9780313012143
• Artikelnr.: 68528340

Autorenporträt

Kristin Henrard is a Professor of Fundamental Rights, in particular pertaining to vulnerable groups, including minorities, at the Erasmus University of Rotterdam (EUR). Prof. Henrard has held visiting fellowships at the Leuven Centre for Global Governance Studies (Leuven, Belgium); the Max Planck Institute on Ethnic and Religious Diversity (Göttingen, Germany); the Centre d' Etudes Ethniques des Universités Montréaloises (Québec, Canada), and the African Centre for Migration and Society (Johannesburg, South Africa). In addition, she is a Senior Non-Resident Researcher at the European Centre on Minority Issues (Flensburg, Germany). Her research over the past twenty years has continuously branched out to more general doctrines of fundamental rights, the right to equal treatment, the legitimacy quest of international courts, and multi-disciplinary legal research regarding integration and nationality. Prof. Henrard has won a prestigious VIDI grant of the Dutch Council for Scientific Research to work on a research project on the implications for minority protection of the Race Equality Directive (2005-2010).

KRISTIN HENRARD is a lecturer in the Department of International and Constitutional Law at the University of Groningen in the Netherlands. Her main publications pertain to human rights, minority rights, and constitutional law.

Inhaltsangabe

Introduction Theoretical Framework Relevant Background Information on South
Africa South Africa's 1993 or Interim Constitution: Constitutional
Negotiations and Brief Analysis in Terms of Minority Protection
Negotiations Leading up to the 1996 Constitution and the Varied Approaches
Adopted to Accommodate South Africa's Population Diversity The
Constitutional Building Blocks for Post-Apartheid South Africa's Approach
to Minority Protection and Accommodation of Population Diversity The
Implementation and Application Phase Concerning Minority Protection and
Accommodation of Population Diversity in Post-Apartheid South Africa
Conclusion: Evaluation of South Africa's Experiences in Terms of the
Interrelation between Individual Human Rights, Minority Rights, and the
Right to Self-Determination Bibliography Index