Dignity,discrimination, and context: New directions in South African and Canadian human rights law

Conclusion The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the individual and state, and individual and group, which is circumscribed by concern, respect and consideration. But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments.     

New Approaches to Old Problems: Project in Four Central and Eastern European Countries

This case study of Partners for Democratic Change's Local Ethnic Conciliation Program in Bulgaria, the Czech Republic, Hungary, and Slovakia examines: different social psychological processes and perspectives for resolving ethnic minority-majority conflicts; the adaptation of a western conflict resolution model in Central and Eastern Europe; challenges and opportunities for strategic organic development of citizen-based initiatives; and the role of conflict resolution efforts in social change and civil society development in these Central and Eastern European countries. The study suggests a theory-based framework for evaluating interventions into ethnic conflicts and offers recommendations for future applied research and project development.