Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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Field Value
 
Title Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights
 
Creator Dube, Felix
 
Subject International human rights movement
International Bill of Rights
human rights discourse
South Africa
Bill of Rights
 
Description The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances. If the people of South Africa are convinced that the Bill of Rights embraces a Western agenda more than it expresses their collective aspirations, it will lose its legitimacy. While acknowledging that the conception of the Bill of Rights is contested between the international human rights movement and some South Africans, this article shows that the Bill of Rights was neither adopted nor borrowed from the international human rights movement. South Africans did not assimilate the International Bill of Rights but conceived their own Bill of Rights in the early decades of the 20th Century. The conception of the South African Bill of Rights was a response to colonialism and apartheid and was not a consequence of tutelage by the international human rights movement.
 
Publisher Faculty of Law, North-West University, South Africa
 
Date 2020-08-28
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
 
Format application/pdf
text/plain
application/epub+zip
 
Identifier https://journals.assaf.org.za/index.php/per/article/view/8794
10.17159/1727-3781/2020/v23i0a8794
 
Source Potchefstroom Electronic Law Journal; Vol 23 (2020); 1-26
1727-3781
 
Language eng
 
Relation https://journals.assaf.org.za/index.php/per/article/view/8794/10422
https://journals.assaf.org.za/index.php/per/article/view/8794/10423
https://journals.assaf.org.za/index.php/per/article/view/8794/10431
 
Rights Copyright (c) 2020 Felix Dube
http://creativecommons.org/licenses/by/4.0
 

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