Minority rights

Definition and stakes

Charles C. Cook,  The Negro and the elective franchise…

“ Can an appeal be made in the name of minority rights by those who would themselves efface minorities?3 When slaves were escaping, they demanded that the constitutional guarantees be fulfilled to the letter, clamored like Shylock for the pound of flesh which the law allowed. Now, too, they demand of the amendments as before of the clauses of the instrument reserving power to the states, that they be construed by the letter:—but with what a change of object,—no longer that the rights of minorities may be respected but that they may be utterly suppressed. ”
Source: Gutenberg

Portrait of Albie Sachs Albie Sachs,  Minister of Home Affairs and Another v Fourie and Another (2005)

“ I stress the qualification that there must be no prejudice to basic rights. Majoritarian opinion can often be harsh to minorities that exist outside the mainstream. [95] It is precisely the function of the Constitution and the law to step in and counteract rather than reinforce unfair discrimination against a minority. The test, whether majoritarian or minoritarian positions are involved, must always be whether the measure under scrutiny promotes or retards the achievement of human dignity, equality and freedom. ”
Source: Wikisource

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