Recognizing minority identities through collective rights
Abstract
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 f...ounded 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.
Source:
Human Rights Quarterly, 2005, 27, 2, 625-651Publisher:
- Johns Hopkins Univ Press, Baltimore
DOI: 10.1353/hrq.2005.0019
ISSN: 0275-0392
WoS: 000228983400008
Scopus: 2-s2.0-20044374081
Collections
Institution/Community
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Jovanović, Miodrag PY - 2005 UR - https://ralf.ius.bg.ac.rs/handle/123456789/260 AB - 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. PB - Johns Hopkins Univ Press, Baltimore T2 - Human Rights Quarterly T1 - Recognizing minority identities through collective rights EP - 651 IS - 2 SP - 625 VL - 27 DO - 10.1353/hrq.2005.0019 UR - conv_3438 ER -
@article{ author = "Jovanović, Miodrag", year = "2005", abstract = "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.", publisher = "Johns Hopkins Univ Press, Baltimore", journal = "Human Rights Quarterly", title = "Recognizing minority identities through collective rights", pages = "651-625", number = "2", volume = "27", doi = "10.1353/hrq.2005.0019", url = "conv_3438" }
Jovanović, M.. (2005). Recognizing minority identities through collective rights. in Human Rights Quarterly Johns Hopkins Univ Press, Baltimore., 27(2), 625-651. https://doi.org/10.1353/hrq.2005.0019 conv_3438
Jovanović M. Recognizing minority identities through collective rights. in Human Rights Quarterly. 2005;27(2):625-651. doi:10.1353/hrq.2005.0019 conv_3438 .
Jovanović, Miodrag, "Recognizing minority identities through collective rights" in Human Rights Quarterly, 27, no. 2 (2005):625-651, https://doi.org/10.1353/hrq.2005.0019 ., conv_3438 .