Recognizing Minority Identities through Collective Rights

This article argues that the widely justified and internationally promoted model of minority protection can only operate effectively by transcending the still dominant framework of individual rights and incorporating the concept of collective rights. In defending that position, this article will elu...

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Bibliographic Details
Published in:Human rights quarterly 2005-05, Vol.27 (2), p.625-651
Main Author: Jovanovic, Miodrag A
Format: Article
Language:English
Subjects:
Accountability
Affirmative action
Civil Rights
Collective rights
Collectives
Communities
Community
Criteria
Cultural groups
Cultural identity
Dilemmas
Group Identity
Heterogeneity
Homogeneity
Human rights
Identity
Individuals
International Law
Language culture relationship
Language minorities
Legislation
Liberalism
Minorities
Minority & ethnic groups
Minority & ethnic violence
Minority Groups
Multiculturalism
Natural rights
Political Representation
Protection
Religion
State
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Description
Summary:This article argues that the widely justified and internationally promoted model of minority protection can only operate effectively by transcending the still dominant framework of individual rights and incorporating the concept of collective rights. In defending that position, this article will elucidate the main legal theoretical dilemmas of the concept of collective rights. Sustaining a coherent concept of collective rights requires recognition of the intrinsic, non-instrumental value of certain collective entities and of the fact that not all groupings are entitled to be moral and legal rights bearers. Legal criteria for defining collective rights can also be established, by distinguishing this notion from affirmative action measures, jointly exercised individual rights, and somewhat universal general legal norms. Furthermore, the lack of homogeneity within minority culture, religion, language, etc., could be legally overcome if bodies representing the interests of minorities are founded on the principles of voluntariness, electoral accountability, proportionality, and democracy. Ultimately, although this approach creates the possibility of conflicts between collective and individual rights, it can provide legal techniques for balancing the interests of individuals, respective collectives, and the state.
ISSN:0275-0392
1085-794X
1085-794X
DOI:10.1353/hrq.2005.0019