US Affirmative Action Series
On 29 June 2023, the Supreme Court of the United States, in a majority decision, held that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause...
Race
Minority v Minority Only Benefits the Privileged
The US Supreme Court’s decision Students for Fair Admissions v Presidents and Fellows of Harvard College (2023) dealt a blow to substantive equality in education. The petition claimed that providing...
After SFFA v. Harvard, Universities Must Hold the Line
In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court further limited a university’s right to consider race during admissions. This follows decades of caselaw restricting voluntary race-based measures...
(Un)Learning from the US Supreme Court’s Affirmative Action Judgement: A South African Perspective
As explored in a recent blog (here), in Students For Fair Admissions, Inc. v President and Fellows of Harvard College, the US Supreme Court has held that Harvard and the...
The United States Supreme Court Puts an End to the Consideration of Race in University Admissions and Potentially Increases Racial Trauma for Applicants
On June 29, 2023, in a 6-3 decision by ideological lines, with a republican and conservative majority, the United States Supreme Court decided in Students for Fair Admissions, Inc. v....
Equality Doesn’t Always Mean Integration: The Right to Education for Neurodiverse People
Image Description: A young woman with pink hair is tossing her head in joy. Proponents of the rights of people with disabilities widely subscribe to the social model of disability:...
Protecting Anti-Apartheid Songs Under the Rubric of Free Speech
Image description: Crowd of women, men, and children pictured dancing to music at Umgababa, South Africa Music is a common feature of political environments in sub-Saharan Africa (SSA): politicians typically...
Examining Racial-Profiling Complaints in the Age of Subsidiarity: Basu v Germany and Muhammad v Spain
Image Description: Two policemen in uniform standing with their backs to the camera. On 18 October 2022, the European Court of Human Rights (‘ECtHR’)’s Third Section passed judgment in Basu...
Towards Judicial Recognition of the “Driving While Black” Phenomenon?
Image description: Protesters march in city street holding placard which reads “March to End Racial Profiling” On the 25th of October 2022, the Superior Court of Québec rendered a groundbreaking...
Vers une reconnaissance judiciaire du phénomène « Driving While Black »?
Image: Des manifestants marchent dans les rues d’une ville avec des affiches, sur lesquelles il est inscrit “March to End Racial Profiling” (Marchez pour mettre fin au profilage racial) Le...
‘White Backlash’ Against Affirmative Action in the United States and South African Courts
Image description: Demonstration in support of affirmative action outside the United States Supreme Court. The US Supreme Court has recently decided to hear two cases on race-based affirmative action in...
The Inter-American Human Rights System on Public Security and Police Violence in Brazil: In Defence of a Rights-Based Approach to Security Policies
Three years after the “Favela Nova Brasília” case, the Inter-American Court of Human Rights (‘IACtHR’) is hearing a second police violence case against Brazil, the “Castelinho”. The human rights violations...
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