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[null,"1.","Record Nr.",null,"UNINA9910962519503321"]
[null,null,"Autore",null,"Henrard Kristin"]
[null,null,"Titolo",null,"Minority protection in post-apartheid South Africa : human rights, minority rights, and self-determination / / Kristin Henrard"]
[null,null,"Pubbl/distr/stampa",null,"Westport, Conn. : , : Praeger, , 2002"]
[{"$nulls":4},"London : , : Bloomsbury Publishing, , 2024"]
[null,null,"ISBN",null,"979-84-00-68625-2"]
[{"$nulls":4},"1-280-37379-2"]
[{"$nulls":4},"9786610373796"]
[{"$nulls":4},"0-313-01214-8"]
[null,null,"Edizione",null,"[1st ed.]"]
[null,null,"Descrizione fisica",null,"1 online resource (328 p.)"]
[null,null,"Collana",null,"Perspectives on the twentieth century, , 1538-9626"]
[null,null,"Disciplina",null,"342.68/0873"]
[null,null,"Soggetti",null,"Minorities - Legal status, laws, etc - South Africa"]
[{"$nulls":4},"Self-determination, National - South Africa"]
[{"$nulls":4},"Post-apartheid era - South Africa"]
[null,null,"Lingua di pubblicazione",null,"Inglese"]
[null,null,"Formato",null,"Materiale a stampa"]
[null,null,null,"Livello bibliografico","Monografia"]
[null,null,null,"Note generali","Bibliographic Level Mode of Issuance: Monograph"]
[null,null,null,"Nota di bibliografia","Includes bibliographical references (p. [271]-304) and index."]
[null,null,"Nota di contenuto",null,"Cover -- MINORITY PROTECTION IN POST-APARTHEID SOUTH AFRICA -- Contents -- Series Foreword -- NOTES -- Preface -- Abbreviations -- Introduction -- NOTE -- 1  Theoretical Framework -- INTRODUCTION -- CONCISE OVERVIEW OF THE HISTORICAL DEVELOPMENTS REGARDING MINORITY PROTECTION -- THE TWO PILLARS OR BASIC PRINCIPLES OF A FULL-BLOWN SYSTEM OF MINORITY PROTECTION AND THE PRINCIPLE OF SUBSTANTIVE EQUALITY -- THE RIGHT TO IDENTITY OF MINORITIES AND THE PRINCIPLE OF SUBSTANTIVE EQUALITY AS GOAL AND LIMITATION OF MINORITY PROTECTION MEASURES -- DEFINITION OF THE CONCEPT, \"MINORITY\" -- THE CONTRIBUTION OF INDIVIDUAL HUMAN RIGHTS TO MINORITY PROTECTION -- Theoretical Considerations -- The Human Rights Standards of the European Convention on Human Rights and the Concomitant Jurisprudence -- THE CONTRIBUTION OF THE CURRENT MINORITY RIGHTS STANDARDS TO MINORITY PROTECTION -- Article 27 ICCPR -- The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities -- Other International Instruments Dealing with Rights of Special Relevance for Minorities -- European Documents on Minority Rights -- Conclusion Regarding the Contribution of Current Minority Rights to Minority "]
[{"$nulls":4},"Protection -- Theoretical Framework of Minority Rights: Special Minority Rights and Group Rights -- Conclusion -- THE RIGHT TO SELF-DETERMINATION AND AN ADEQUATE SYSTEM OF MINORITY PROTECTION -- CONCLUSION: THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION FOR AN ADEQUATE MINORITY PROTECTION -- NOTES -- 2  Relevant Background Information on South Africa -- JUSTIFICATION OF THE CHOICE OF SOUTH AFRICA AS A CASE STUDY -- MINORITIES IN SOUTH AFRICA? -- Relevant Demographic Information on South Africa and Indications about Racial and Ethnic Identification -- APARTHEID STRATEGIES OF SPECIAL RELEVANCE."]
[{"$nulls":4},"Introduction -- Apartheid: Divide and Rule on the Basis of Ascribed Group Classification -- Grand Apartheid88 and Separate Development of the Ethnic Population Groups in the Name of Self-Determination -- Language and Tensions among Linguistic Groups in South Africa -- Religion: Its Prevalence and Diversified Nature in South Africa -- Education in Apartheid South Africa: Racial Segregation and Quality Differentiation -- Customary Law and Traditional Leadership Before the Constitutional Negotiation Process -- Reaction against Apartheid and the Beginning of the Negotiation and Transformation Process -- NOTES -- 3  South Africa's 1993 or Interim Constitution: Constitutional Negotiations and Brief Analysis in Terms of Minority Protection -- INTRODUCTION TO THE OVERALL CONSTITUTIONAL NEGOTIATIONS PROCESS -- SOME PRELIMINARY REMARKS REGARDING THE CONSTITUTIONAL NEGOTIATION PROCESS LEADING UP TO THE INTERIM CONSTITUTION -- EQUALITY IN TERMS OF THE INTERIM CONSTITUTION -- LANGUAGE AND EDUCATION IN TERMS OF THE INTERIM CONSTITUTION -- MINORITY PROTECTION ISSUES UNDER THE INTERIM CONSTITUTION -- THE FORM OF STATE AND RELATED ISSUES OF POWER SHARING IN TERMS OF THE INTERIM CONSTITUTION -- THE INTERIM CONSTITUTION REGARDING CUSTOMARY LAW AND RELIGIOUSLY INSPIRED SYSTEMS OF PERSONAL LAW VERSUS THE EQUALITY PRINCIPLE -- THE INSTITUTION OF TRADITIONAL LEADERSHIP IN TERMS OF THE INTERIM CONSTITUTION -- THE RIGHT TO SELF-DETERMINATION IN TERMS OF THE INTERIM CONSTITUTION -- EVALUATION OF THE DEGREE TO WHICH THE INTERIM CONSTITUTION ACCOMMODATES SOUTH AFRICA'S POPULATION DIVERSITY WITH DUE ATTENTION TO THE ROLE OF THE CP'S IN THIS REGARD -- THE FIRST INCLUSIVE ELECTIONS AND THE WAY AHEAD -- NOTES -- 4  Negotiations Leading up to the 1996 Constitution and the Varied Approaches Adopted to Accommodate South Africa's Population Diversity."]
[{"$nulls":4},"THE NEGOTIATIONS OF THE CONSTITUTIONAL ASSEMBLY PROCESS, LEADING UP TO THE 1996 CONSTITUTION: SENSITIVE ISSUES, DEADLOCKS, AND COMPROMISES1 -- Introduction -- Freedom of Speech and Hate Speech -- Customary Law and the Institution of Traditional Leadership in Terms of the 1996 Constitution -- Accommodation of Religious Diversity in the 1996 Constitution and a Brief Analysis of the General Limitations Provision -- Power Sharing and Related Protection of Political Minority Parties -- Horizontal Application of the Bill of Rights of the 1996 Constitution -- Equality under the 1996 Constitution -- Form of State and Division of Competencies between the National and Provincial Spheres of Government in Terms of the 1996 Constitution -- Minority Rights and Self-Determination in Terms of the 1996 Constitution -- Language and Education and the 1996 Constitution: Highly Sensitive Issues -- THE ADOPTION OF THE 1996 CONSTITUTION AND THE CERTIFICATION PROCESS -- Certification of the Constitution on South Africa on 8 May 1996 -- The "]
[{"$nulls":4},"Required Constitutional Amendments and the Second Certification Judgement -- NOTES -- 5  The Constitutional Building Blocks for Post-Apartheid South Africa's Approach to Minority Protection/Accommodation of Population Diversity -- ADDITIONAL FEATURES OF THE 1996 CONSTITUTION OF RELEVANCE FOR THE EVALUATION: STRONG INSTITUTIONAL BACKUP AND THE IMPACT OF INTERNATIONAL LAW -- OVERALL EVALUATION OF SOUTH AFRICA'S 1996 CONSTITUTION REGARDING ITS CONTRIBUTION TO MINORITY PROTECTION -- EVALUATION OF SOUTH AFRICA'S 1996 CONSTITUTION IN TERMS OF THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION FOR AN ADEQUATE MINORITY PROTECTION -- CONCLUSION -- NOTES."]
[{"$nulls":4},"6  The Implementation and Application Phase Concerning Minority Protection/ Accommodation of Population Diversity in Post-Apartheid South Africa -- INTRODUCTION: OVERVIEW -- EQUALITY -- Nondiscrimination -- Affirmative Action -- THE ACCOMMODATION OF LINGUISTIC DIVERSITY -- Introduction -- Further Analysis of Section 6 of the 1996 Constitution -- The Pan South African Language Board (PANSALB) -- Practice: Language Use in the Public Sphere -- The Department of Arts, Culture, Science and Technology -- THE RIGHT TO EDUCATION -- Introduction -- Equal Access to Education -- The Development of an Inclusive Curriculum: Generally and Regarding Religion -- Language in Education -- Private Educational Institutions -- MINORITY RIGHTS -- THE ACCOMMODATION OF RELIGIOUS DIVERSITY: MUSLIM PERSONAL LAW -- \"VOLKSSTAAT\" AS A FORM OF SELF-DETERMINATION FOR \"COMMUNITIES WITH A COMMON CULTURAL AND LANGUAGE HERITAGE\" -- CUSTOMARY LAW: INTEGRATION IN THE NATIONAL LEGAL SYSTEM? -- TRADITIONAL LEADERS: THEIR STATUS IN POST-APARTHEID SOUTH AFRICA -- POLICY AND PRACTICE REGARDING CULTURE -- FEDERALISM -- POWER SHARING -- EVALUATION OF THE VARIOUS CONSTITUTIONAL IMPLEMENTATION POLICIES AS REGARDS ACCOMMODATION OF POPULATION DIVERSITY AND MINORITY PROTECTION -- NOTES -- Conclusion -- EVALUATION OF SOUTH AFRICA'S EXPERIENCES IN TERMS OF THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION -- NOTES -- Bibliography -- A. BIBLIOGRAPHY ON THEORY PERTAINING TO MINORITY PROTECTION: SELECTION OF THE MOST RELEVANT ITEMS -- General Comments of the Human Rights Committee to Articles of the ICCPR -- Documents of the UN Working Group on Minorities and other UN Documents Pertaining to Minority Protection -- Case Law -- Council of Europe Documents -- Doctrine -- B. BIBLIOGRAPHY ON SOUTH AFRICA."]
[{"$nulls":4},"Selection of Documents Obtained during the Period that I Monitored the Constitutional Negotiation Process, January to June 1996 -- Documents from the Internet on the Constitutional Negotiation Process -- Government Documents and Legislation -- Legislation -- Parliamentary Documents of the National As Well As Provincial Parliaments -- Jurisprudence of the Constitutional Court -- Jurisprudence of Other South African Courts -- Reports of Independent Bodies -- Doctrine -- News Sources -- Speeches of Politicians -- Index -- About the Author."]
[null,null,null,"Sommario/riassunto","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. "]
[{"$nulls":4},"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."]