Minority protection in post-apartheid South Africa: human rights, minority rights, and self-determination

2003 ◽  
Vol 40 (08) ◽  
pp. 40-4860-40-4860 ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect

2017 ◽  
Vol 24 (3) ◽  
pp. 254-272
Author(s):  
Parvathi Menon
Keyword(s):  
International Law ◽  
Personal Characteristic ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
Political Processes ◽  
Minority Identity ◽  
The Right ◽  
The Relationship

The legitimacy of secessionist movements has emerged as an important debate, while the protection of minorities within a democracy has become merely of peripheral interest to international law. My project suggests that the advent of universalized (minority) rights re-conceptualized the majority-minority relationship and its balance, reducing the possibilities of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a discourse between minority (identity) rights and a democratic entitlement, post-colonially. These norms universalized a demand to rethink minority protection, no longer from the perspective of advantaged and disadvantaged; rather, to introduce perspectives of individuals polarized around a personal characteristic in their identity thus establishing/reinforcing the inferiority of their identity within the hierarchy.

Minority Protection in International Law: From Standard-Setting to Implementation

1999 ◽  
Vol 68 (2) ◽  
pp. 131-160
Author(s):  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Broad Perspective ◽  
Minority Protection ◽  
Monitoring Process ◽  
International Monitoring ◽  
State Compliance ◽  
Potential Impact ◽  
Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

The Potential Relevance of Belgian Minority Protection for South Africa

Res Publica ◽  
1998 ◽  
Vol 40 (1) ◽  
pp. 41-58
Author(s):  
André Alen ◽  
Kristien Henrard
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Legal Regulations ◽  
Religious Groups ◽  
Group Rights ◽  
Population Groups ◽  
Minority Protection ◽  
Highly Dispersed ◽  
Linguistic Groups ◽  
Individual Human

This paper focusses on the Belgian constitutional and legal regulations which are clearly and relatively directly linked to minority protection as welt as their relevance for South Africa by way of analogy, taking into account South Africa's specific circumstances.Generally, what seems to be highly relevant for South Africa is the different kind of solutions in Belgium for its three categories of minorities as related to a different degree of territorial concentration. Going from an emphasis on territorial federalism, providing autonomy, for the highly territorial concentrated linguistic groups, over the use of the relative concentrations of the ideological and philosophical groups in certain federated entities, to a combination of individual human rights and group rights without a territorial  connection whatsoever for the religious groups which are highly dispersed throughout the country.An analogous differentiation ofseveral types ofminority protection could bedivised in South Africa as the genera! lack of territoria! concentration of thecountry's several population groups bas a different degree for the ethnic/linguistic groups as compared to the religious ones.

19. Indigenous peoples’ and minority rights

2019 ◽  
pp. 348-374
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

Sign in / Sign up

Export Citation Format

Share Document