scholarly journals Church and state in South Africa and human rights

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Piet J. Strauss

After the Second World War, there was a universal rise and greater acknowledgement of human rights, which entered churches and ecumenical organisations’ way of thinking. Human rights influenced the church’s understanding of justice and human dignity both internally and externally. The concept of human dignity came from the biblical believe that man is created in the image of God. In South Africa human rights were also increasingly recognised and respected. A charter of human rights was included as chapter 2 of the 1996 Constitution and churches regard human dignity as a central tenet of their approach to members and non-members. Differences between church and state on the issue have arisen as the result of differences on the freedom of religion. Church and state in South Africa can complement each other in the promotion of human dignity.Opsomming: Kerk en staat in Suid-Afrika en menseregte. Na die Tweede Wêreldoorlog is menseregte wêreldwyd erken en aanvaar. Dit was ook die geval in kerke en ekumeniese organisasies. Menseregte het kerke se siening van geregtigheid en menswaardigheid in hulle interne sowel as eksterne optrede beïnvloed. Die begrip menswaardigheid het ontstaan uit die bybelse oortuiging dat die mens na die beeld van God geskape is. In Suid-Afrika is menseregte ook toenemend erken en aanvaar. ’n Verklaring van menseregte is as hoofstuk 2 in die 1996-grondwet ingesluit en kerke beskou menswaardigheid as toonaangewend in hulle benadering van mense binne en buite die kerk. Verskille tussen die kerk en die staat in Suid-Afrika oor menseregte het ontstaan as gevolg van verskille oor die inhoud van die vryheid van godsdiens. Teen hierdie agtergrond kan kerk en staat mekaar egter aanvul in die bevordering van menseregte.

Author(s):  
Ådne Valen-Sendstad

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.


Author(s):  
Douglas E. Delaney

How did British authorities manage to secure the commitment of large dominion and Indian armies that could plan, fight, shoot, communicate, and sustain themselves, in concert with the British Army and with each other, during the era of the two world wars? This is the primary line of inquiry for this study, which begs a couple of supporting questions. What did the British want from the dominion and Indian armies and how did they go about trying to get it? How successful were they in the end? Answering these questions requires a long-term perspective—one that begins with efforts to fix the armies of the British Empire in the aftermath of their desultory performance in South Africa (1899–1903) and follows through to the high point of imperial military cooperation during the Second World War. Based on multi-archival research conducted in six different countries on four continents, Douglas E. Delaney argues that the military compatibility of the British Empire armies was the product of a deliberate and enduring imperial army project, one that aimed at ‘Lego-piecing’ the armies of the empire, while, at the same time, accommodating the burgeoning autonomy of the dominions and even India. At its core, this book is really about how a military coalition worked.


2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.


Author(s):  
Михаил Елизаров

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?


Author(s):  
Shannon Dunn

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.


Author(s):  
Rhona K. M. Smith

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights. The chapter traces developments including the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War.


Author(s):  
Andrew Clapham

The content of human rights is usually understood by reference to the legal catalogue of human rights we find developed through international texts. ‘Historical development and contemporary concerns’ examines the key text for human rights today—The Universal Declaration of Human Rights—adopted in 1948 by the UN General Assembly. Since that time many treaties and intergovernmental Declarations have supplemented this proclamation of rights. The treaties are best viewed as providing a framework against which we can legitimately judge the performance of governments. How did this human rights catalogue come about? What roles did the League of Nations and Second World War play?


2012 ◽  
Vol 21 (2) ◽  
pp. 169-192 ◽  
Author(s):  
CHRISTOPHER MOORES

AbstractThis article discusses British civil liberties organisations hoping to engage in a broader human rights politics during and immediately after the Second World War. It argues that various movements and organisations from sections of the British Left attempted to articulate a human rights politics which incorporated political, civil, social and economic rights during the 1940s and early 1950s. However, organisations were unable to express this and mobilise accordingly. This reflected the collapse of the popular-front-style alliances forged in the 1930s and the difficulties in articulating political positions distinct from the ideological polarisation that emerged with the onset of the Cold War.


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