Kristin Henrard

eBook, PDF

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

Human Rights, Minority Rights, and Self-Determination

Beschreibung

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.

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Autor

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.

Produktdetails

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