scholarly journals Building a South African Human Rights Culture in the Face of Cultural Diversity: Context and Conflict

2012 ◽  
Vol 5 (1) ◽  
pp. 1-20 ◽  
Author(s):  
John Cantius Mubangizi
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Diversity ◽  
Female Circumcision ◽  
Clear Understanding ◽  
Potential Conflict ◽  
Cultural Rights ◽  
The Face ◽  
Institutional Contexts ◽  
Virginity Testing

Abstract South Africa has faced enormous challenges since the advent of democracy in 1994. One of the difficulties in the post-apartheid era has been the building of a human rights culture in the context of substantial cultural diversity. In this paper, the constitutional, judicial and institutional contexts – which have consolidated and supported the expression of human rights in the face of cultural diversity – are reviewed. The focus on cultural rights in the constitution is discussed, and the relevance of several constitutional institutions in terms of ensuring human rights, is mentioned. With a clear understanding of the constitutional, judicial and institutional contexts in place, the paper discusses the potentially inherent conflict between human rights and cultural rights, using gender-related issues as a proxy. Several examples of this potential conflict are discussed, including female circumcision, virginity testing and polygamy. The importance of human rights education for informing the debate about cultural and human rights in South Africa is emphasized. The answers to the challenges associated with the clash between cultural rights and human rights are not simple, although pragmatically – in addition to the role of the available constitutional, judicial and institutional structures – they could reside in a cross-cultural debate.

scholarly journals BRIDGING THE INTERNATIONAL GAP: THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN THE IMPLEMENTATION OF HUMAN RIGHTS TREATIES IN AFRICA

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Aliyu Ibrahim
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Political Rights ◽  
Cultural Rights ◽  
National Human ◽  
Human Rights Treaties ◽  
Civil And Political Rights ◽  
National Human Rights Institutions ◽  
Domestic Level

While most of the United Nations (UN) treaties have committees to monitor the implementation of their provisions among their States parties, one of the major challenges they encounter is their inability to independently verify the information provided by the States parties, on the level of fulfilling their obligations to the treaties. However, the establishment of National Human Rights Institutions (NHRIs) by the majority of UN member states was meant to not only promote and protect human rights within the territories of States parties, but also to monitor the implementation of the provisions of treaties at the domestic level. This resulted in treaty bodies to encourage NHRIs, in monitoring and providing it with information on the level of implementation of the provisions of these treaties within the territories of respective States parties. This article examines whether these institutions in Africa have been able to discharge their mandates concerning the implementation of two treaties, namely, the International Covenant on Civil and Political Rights (ICCPR) which is monitored by the Human Rights Committee (HRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which is overseen by the Committee on Economic, Social and Cultural Rights (CESCR). The NHRIs of South Africa, Morocco and Nigeria have been selected to test the effectiveness of these institutions. The study ultimately shows that the majority of these institutions are still far off from achieving their potential.

Culture in the State Reporting Procedure of the UN Human Rights Treaty Bodies

2021 ◽  
Author(s):  
Vincent Willem Vleugel
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
The State ◽  
Universal Declaration ◽  
Cultural Rights ◽  
Proper Balance

Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. The UN human rights treaty bodies have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role.

scholarly journals The human rights implications of virginity testing in South Africa

2016 ◽  
Vol 16 (4) ◽  
pp. 228-246
Author(s):  
Ebenezer Durojaye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Southern Africa ◽  
Historical Context ◽  
Moral Values ◽  
Virginity Testing

This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preserving societal moral values are critically examined. Thereafter, the article discusses how the ever contentious debate between universalists and relativists applies to virginity testing. The last part of the article then considers the human rights implications of virginity testing.

scholarly journals Universality of human rights and cultural diversity: A Perspective

2017 ◽  
Vol 6 (2) ◽  
pp. 157
Author(s):  
Leon Wessels
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Diversity ◽  
South African ◽  
Common Humanity ◽  
The World ◽  
Universal Human Rights

This speech is an attempt to offer á perspective, given the particular circumstances4 that moulded my thinking. I will sketch the background and confine myself to the unfolding South African scene. The problem, which I will not try and resolve today, is that the different regions in the world and some commentators, also in South Africa, hold firm views. Universal human rights imply inclusiveness because it reflects our “common humanity”.6 This is determined and refined through interpretation and application by humankind at particular moments in time and history. Universality is much more than the determination by a majority at a particular moment because universal human rights “are the rights of all persons in the world”.

Zimbabwe in Ruins: Mediation Prospects in a Conflict Not Yet Ripe for Resolution

2007 ◽  
Vol 12 (3) ◽  
pp. 415-442 ◽  
Author(s):  
Mark Anstey
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Necessary Conditions ◽  
International Community ◽  
Political Repression ◽  
Failed State ◽  
Humanitarian Crisis ◽  
Human Rights Abuses ◽  
Robust Approach ◽  
The Face

AbstractA confluence of conditions made the Rhodesian civil war ripe for resolution in 1979. However a 'despotic democracy' took early root in the new Zimbabwe, largely accepted by the international community in its first phase, but now condemned by many for its human rights abuses and political repression. Zimbabwe is a failed state with a massive humanitarian crisis. In the face of pressures to adopt a more robust approach, South Africa has stuck to an approach of 'quiet diplomacy' in relations with its neighbor. In March 2007, SADC states appointed South Africa's President Mbeki to mediate between parties to Zimbabwe's conflict. This article analyzes the prospects for this mediation in terms of 'ripeness' theory. It concludes that complex internal conditions and a divided international community do not yet make the crisis ripe for resolution. However, a shift from quiet diplomacy to an approach of principled mediation might assist in inducing the necessary conditions in a manner which limits continuation of the crisis.

scholarly journals Enforcement of Women's Rights through Education

2019 ◽  
Vol 8 (4) ◽  
pp. 5397-5402
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Striking Similarity ◽  
Political Rights ◽  
Fundamental Freedom ◽  
Cultural Rights ◽  
Basic Rights ◽  
The Status ◽  
Comprehensive Treatise ◽  
The Face

The experiences of successive world wars brought the Universal Declaration, bringing an adherence of acceptance from all the countries which proved to be a comprehensive treatise of inviolable and in alienated human rights. It bestows civil and political rights including right to life, liberty, free speech and privacy. In addition it includes economic, social, cultural rights being right to social security, health and education. These entitled basic rights and fundamental freedom that helps in promoting peace and progress by preventing atrocities against humanity. Widening its domain, today human rights have befitted essential in achieving development goals which enables a constant improvement of well being of inhabitants of the world. The paper aims at drawing a similarity in the case study of an autobiography of 19th century (Amar Jibon by Rassundari Devi) and an autobiography of 21st century (I Am Malala by Malala Yousafzai), one being the earliest of women autobiographies and the other being most horrific and recent one. Both the characters establish an indistinguishable coherence between development and acquisition of basic rights for women. Malala recognized as a human rights champion, continued to speak out portraying the indomitable courage even on the face of religious and military activists. Rassundari Devi silenced under patriarchal norms and a life burdened with duty and responsibilities which eventually made her acquire a greater strength to become a lettered woman. The paper presents striking similarity in the status of women from two different time zones who fought for their rights and carved a niche for themselves as liberated women. They emerged successful in terms of their courage and determination by seeking live of equality and freedom.

Republic of South Africa v. Grootboom. Case No. CCT 11/00. 2000 (11) BCLR 1169 and Minister of Health v. Treatment Action Campaign. Case No. CCT 8/02

2003 ◽  
Vol 97 (3) ◽  
pp. 669-680 ◽  
Author(s):  
David D. Caron ◽  
Joan Fitzpatrick ◽  
Ron C. Slye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
State Party ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
Treatment Action ◽  
Treatment Action Campaign

Republic of South Africa v. Grootboom. Case No. CCT 11/00. 2000 (11) BCLR 1169. Constitutional Court of South Africa, October 4, 2000.Minister of Health v. Treatment Action Campaign. Case No. CCT 8/02. At <http://www.concourt.gov.za>.Constitutional Court of South Africa, July 5, 2002.Two cases decided by the Constitutional Court of South Africa in 2000 and 2002 implement several economic, social, and cultural rights guaranteed by the Constitution of South Africa. The decisions illuminate the role in such reasoning of human rights treaties to which South Africa is a state party or a signatory. They also analyze General Comment No. 3 of die UN Committee on Economic, Social and Cultural Rights (Committee). These cases, Republic of South Africa v. Grootboom, decided October 4,2000, and Minister of Health v. Treatment Action Campaign, decided July 5, 2002, illuminate questions concerning both die jusdciability of economic, social, and cultural rights—at least as incorporated into Soudi Africa's Bill of Rights, sections 7 through 39 of its Constitution—and the concept of “minimum core obligations” as developed by the Committee.

The Law and Politics of International Cultural Rights: E. Stamatopoulou, Cultural Rights in International Law; F. Francioni and M. Scheinin (eds.), Cultural Human Rights

2009 ◽  
Vol 16 (3) ◽  
pp. 481-501
Author(s):  
Patrick Macklem
Keyword(s):  
Human Rights ◽  
Collective Memory ◽  
International Law ◽  
Indigenous Peoples ◽  
Cultural Rights ◽  
Law And Politics ◽  
Institutional Contexts ◽  
The Law ◽  
The Relationship

AbstractTwo recent books place international law at the centre of inquiries into the nature of cultural rights. The first, Cultural Rights in International Law: Article 27 of the Universal Declaration of Human Rights and Beyond, by Elsa Stamatopoulou, explores "the concept of cultural rights by reviewing international and national legal instruments, international practice, and especially the role of UN bodies and entities in the implementation of these rights". The second, Cultural Human Rights, is a collection of essays edited by Francesco Francioni and Martin Scheinin. Wide-ranging in scope, Cultural Human Rights includes contributions that explore the relationship between cultural rights and the state, the relationship between cultural rights and other human rights, the rights of minorities and indigenous peoples, normative justifications of human rights in general and minority rights in particular, the law and politics of cultural identity and collective memory, and various forms of cultural protection in a variety of regional and international institutional contexts. Both demonstrate that understanding cultural rights in international law requires a multi-faceted approach, one that pays close attention to the historical, textual and institutional dimensions of cultural rights. They reveal, too, that international legal commitments to sovereignty and human rights are more relevant to moral and political accounts of the significance of cultural rights than they might otherwise appear.

Traditional Practices and Human Rights: An Insight on a Traditional Practice in Inchanga Village of Kwazulu-Natal, South Africa

2020 ◽  
Vol 20 (2) ◽  
pp. 315-331
Author(s):  
Londeka Ngubane
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Teenage Pregnancy ◽  
Bodily Integrity ◽  
Community Members ◽  
Traditional Practice ◽  
Kwazulu Natal ◽  
Democratic Elections ◽  
Virginity Testing

After falling into absolute dereliction in the Zulu community, the traditional practice of virginity inspection made a retaliation some 10 years ago, after the country’s first democratic elections. This study investigates the perceptions and experiences of virginity inspection of female adolescents in Inchanga village, KwaZulu-Natal, South Africa. A focus group interview was conducted with 10 Zulu maidens for qualitative data collection. Proponents of virginity inspection believe that virginity inspection is a traditional practice that can assist in reducing HIV infection and teenage pregnancy among the youth, and in the detection of children who are sexually abused by adults. Opponents of virginity testing, such as several human rights groups in South Africa, as well as the South African Human Rights Commission of virginity inspection, strongly believe that the practice of virginity inspection interferes with human rights and constitutional prescripts that protect the rights to equality, privacy, bodily integrity, and sexual autonomy of young women. The study found that the participants have only positive experiences of the practice of virginity inspection, and the only negative experiences they encounter are negative responses from community members who do not support the practice. The findings also confirmed that virginity inspection is being done irrespective of different opinions from different scholars and experts on the subject, and most of the time, the age of the children is not considered.

The Protection of Cultural Rights in Europe: None of the EU's Business?

2003 ◽  
Vol 10 (2) ◽  
pp. 117-147 ◽  
Author(s):  
Yvonne Donders
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Cultural Diversity ◽  
Fundamental Rights ◽  
Immigrant Communities ◽  
The European Union ◽  
Council Of Europe ◽  
Cultural Rights ◽  
Protection Of Human Rights ◽  
The Eu

Over the last decade, cultural diversity and the promotion and protection of cultural human rights have become important issues in the European context. States are trying to protect their national cultural identity within the European integration process, while at the same time several communities within States, such as minorities, indigenous peoples and immigrant communities, demand the promotion and protection of their cultural identity. The Council of Europe has established a human rights mechanism including the protection of cultural rights and rights of minorities. Within the European Union, the promotion and protection of human rights has slowly become a part of the internal policies, the latest step being the proclamation of the Charter on Fundamental Rights. However, the promotion of cultural diversity and of cultural rights or rights of minorities hardly play a role in this respect. Bearing in mind the possible inter-State implications that these issues may have, Member States should co-operate more closely and develop policies at the EU level in relation to the promotion and protection of cultural diversity.

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