K A M Henrard
Biographic Data
| ID | 6548096 |
|---|---|
| NAME | K A M Henrard |
| GIVEN NAMES | K A M |
| FAMILY NAME | Henrard |
| SIGNATURE | HENRARD K A M |
| AFFILIATIONS | Erasmus University Rotterdam |
| ORCID | 0000-0003-3067-9918 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
The Margin of Appreciation for ‘State- Religion Relations’
Minority and Language Rights in the Eventual Peace Settlement after the Russian-Ukrainian War
Since a proper understanding of the respective claims and sensitivities of Russians and Ukrainians, also towards the terms of a possible peace agreement, requires a certain awareness of the Soviet Union’s ambiguous approach towards the different ethnic groups in that multi-ethnic state, the article starts with a succinct account of the history of the Soviet Union and its demise. The ‘legal’ status quo, more particularly legal standards and practi…
Human Rights, Intersectionality, and Superdiversity
Investigations of how a superdiversity angle might lead to changed interpretations of legal concepts could be undertaken in various fields of law. This chapter zooms in on “intersectional discrimination” because the prohibition of discrimination is an essential tool for (analyzing) legal approaches to population diversity and because intersectionality is conceptually aligned with superdiversity. Indeed, both concepts alert us to the lack of homog…
EU Law's Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All
This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and m…
Integration reasoning at the ECtHR
This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspir…
Nationalism with a Human Face? European Human Rights Judgments and the Reinvention of Nationalist Politics
In this article, we show how judgments of the European Court of Human Rights (ECtHR) have provided nationalists with an unexpected opportunity to promote a nationalist discourse that is seemingly in line with human rights while fundamentally at odds with the counter-majoritarian core of human rights. We start our analysis with two judgments in which the Court accepted the arguments of liberal democratic states to infringe fundamental rights of pe…
The European Court of Human Rights, Ethnic and Religious Minorities and the Two Dimensions of the Right to Equal Treatment
This article argues that it is no longer tenable to qualify the Court's non-discrimination jurisprudence overall as ‘poor’. Indeed, a different speed of development is noted for the ‘prohibition of invidious discrimination’ track and the ‘duties of differential treatment’ track. In cases concerning invidious discrimination, the Court tends to engage explicitly with the complaint in terms of the prohibition of discrimination, while adopting high l…
How the European Court of Human Rights’ Concern Regarding European Consensus Tempers the Effective Protection of Freedom of Religion
In accordance with the European Court of Human Rights’ steady jurisprudence, Member States are granted a wide margin of appreciation concerning ‘church-state relations’, owing to the lack of European consensus in this regard. This article reveals that the level of scrutiny adopted by the Court in cases involving church–state relations is not always wide but in fact ranges from being somewhat narrow to very broad. Throughout this analysis, the arg…
Charting the Gradual Emergence of a More Robust Level of Minority Protection
Following a brief discussion concerning the concept ‘minority’, this article analyses certain trends that can be gleaned from the supervision of minority specific instruments (or provisions) as well as the gradual development of a minority protection paradigm within the EU. The supervisory system of the Framework Convention for the Protection of National Minorities (FCNM) will receive most attention, because it has developed the most extensive an…
Post apartheid South Africa's democratic transformation process
1However, a good understanding of the complex issues of transformation in this divided society requires a broader approach. Reconciliation involves not only telling the truth about the past and forgiveness, but also requires reparation for material and other forms of deprivation and the restoration of a human community in a spirit of respect for human rights and democracy. Indeed, it also necessitates the creation of a society within which the ch…
The Accommodation of Religious Diversity in South Africa Against the Background of the Centrality of the Equality Principle in the New Constitutional Dispensation
South Africa is often characterized as a highly religious country since many South Africans consider their religious beliefs to be central to their lives. Although religion is widely believed to be a “non-issue”, these strong religious identifications might, however, play a role in the apparent ethnic resurgence. Consequently, the religious diversity of South Africa should be appropriately accommodated in the post-apartheid regime so as to preven…
The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities
(2001). The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities. Global Review of Ethnopolitics: Vol. 1, No. 1, pp. 41-61
Recent experiences in South Africa and Ethiopia to accommodate cultural diversity
This article examines the right to self-determination and the various constitutional mechanisms that can be used to accommodate cultural diversity. Using the South African and Ethiopian constitutions as case-studies, it concludes that it is possible to respect the principle of equality and the right to identity of "population groups" in a way which will pre-empt calls for external self-determination, and it suggests that the mechanisms used in th…
Post apartheid South Africa's democratic transformation process
1However, a good understanding of the complex issues of transformation in this divided society requires a broader approach. Reconciliation involves not only telling the truth about the past and forgiveness, but also requires reparation for material and other forms of deprivation and the restoration of a human community in a spirit of respect for human rights and democracy. Indeed, it also necessitates the creation of a society within which the ch…
The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities
(2001). The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities. Global Review of Ethnopolitics: Vol. 1, No. 1, pp. 41-61
The European Court of Human Rights, Ethnic and Religious Minorities and the Two Dimensions of the Right to Equal Treatment
This article argues that it is no longer tenable to qualify the Court's non-discrimination jurisprudence overall as ‘poor’. Indeed, a different speed of development is noted for the ‘prohibition of invidious discrimination’ track and the ‘duties of differential treatment’ track. In cases concerning invidious discrimination, the Court tends to engage explicitly with the complaint in terms of the prohibition of discrimination, while adopting high l…
EU Law's Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All
This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and m…
Recent experiences in South Africa and Ethiopia to accommodate cultural diversity
This article examines the right to self-determination and the various constitutional mechanisms that can be used to accommodate cultural diversity. Using the South African and Ethiopian constitutions as case-studies, it concludes that it is possible to respect the principle of equality and the right to identity of "population groups" in a way which will pre-empt calls for external self-determination, and it suggests that the mechanisms used in th…
The Accommodation of Religious Diversity in South Africa Against the Background of the Centrality of the Equality Principle in the New Constitutional Dispensation
South Africa is often characterized as a highly religious country since many South Africans consider their religious beliefs to be central to their lives. Although religion is widely believed to be a “non-issue”, these strong religious identifications might, however, play a role in the apparent ethnic resurgence. Consequently, the religious diversity of South Africa should be appropriately accommodated in the post-apartheid regime so as to preven…
The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities
(2001). The interrelationship between individual human rights, minority rights and the right to self‐determination and its importance for the adequate protection of linguistic minorities. Global Review of Ethnopolitics: Vol. 1, No. 1, pp. 41-61
Post apartheid South Africa's democratic transformation process
1However, a good understanding of the complex issues of transformation in this divided society requires a broader approach. Reconciliation involves not only telling the truth about the past and forgiveness, but also requires reparation for material and other forms of deprivation and the restoration of a human community in a spirit of respect for human rights and democracy. Indeed, it also necessitates the creation of a society within which the ch…
Charting the Gradual Emergence of a More Robust Level of Minority Protection
Following a brief discussion concerning the concept ‘minority’, this article analyses certain trends that can be gleaned from the supervision of minority specific instruments (or provisions) as well as the gradual development of a minority protection paradigm within the EU. The supervisory system of the Framework Convention for the Protection of National Minorities (FCNM) will receive most attention, because it has developed the most extensive an…
How the European Court of Human Rights’ Concern Regarding European Consensus Tempers the Effective Protection of Freedom of Religion
In accordance with the European Court of Human Rights’ steady jurisprudence, Member States are granted a wide margin of appreciation concerning ‘church-state relations’, owing to the lack of European consensus in this regard. This article reveals that the level of scrutiny adopted by the Court in cases involving church–state relations is not always wide but in fact ranges from being somewhat narrow to very broad. Throughout this analysis, the arg…
The European Court of Human Rights, Ethnic and Religious Minorities and the Two Dimensions of the Right to Equal Treatment
This article argues that it is no longer tenable to qualify the Court's non-discrimination jurisprudence overall as ‘poor’. Indeed, a different speed of development is noted for the ‘prohibition of invidious discrimination’ track and the ‘duties of differential treatment’ track. In cases concerning invidious discrimination, the Court tends to engage explicitly with the complaint in terms of the prohibition of discrimination, while adopting high l…
Integration reasoning at the ECtHR
This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspir…
Nationalism with a Human Face? European Human Rights Judgments and the Reinvention of Nationalist Politics
In this article, we show how judgments of the European Court of Human Rights (ECtHR) have provided nationalists with an unexpected opportunity to promote a nationalist discourse that is seemingly in line with human rights while fundamentally at odds with the counter-majoritarian core of human rights. We start our analysis with two judgments in which the Court accepted the arguments of liberal democratic states to infringe fundamental rights of pe…
EU Law's Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All
This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and m…
Human Rights, Intersectionality, and Superdiversity
Investigations of how a superdiversity angle might lead to changed interpretations of legal concepts could be undertaken in various fields of law. This chapter zooms in on “intersectional discrimination” because the prohibition of discrimination is an essential tool for (analyzing) legal approaches to population diversity and because intersectionality is conceptually aligned with superdiversity. Indeed, both concepts alert us to the lack of homog…
Minority and Language Rights in the Eventual Peace Settlement after the Russian-Ukrainian War
Since a proper understanding of the respective claims and sensitivities of Russians and Ukrainians, also towards the terms of a possible peace agreement, requires a certain awareness of the Soviet Union’s ambiguous approach towards the different ethnic groups in that multi-ethnic state, the article starts with a succinct account of the history of the Soviet Union and its demise. The ‘legal’ status quo, more particularly legal standards and practi…
The Margin of Appreciation for ‘State- Religion Relations’
Law (13 works) · Political science (13 works) · Human rights (12 works) · Sociology (11 works) · Law (7 works) · Constitution (5 works) · European and International Law Studies (5 works) · Law and economics (5 works) · Philosophy (5 works) · Politics (5 works)