HUMAN RIGHTS AND THE RIGHTS OF GROUPS

In: American journal of political science: AJPS, Band 18, Heft 4, S. 725-741

Abstract

THE CHARTER OF THE UN REQUIRES MEMBERS TO PROMOTE HUMAN RIGHTS. THE RIGHTS IN QUESTION ARE LARGELY THE RIGHTS OF INDIVIDUALS, & ARE TO BE PROMOTED SO AS TO MAINTAIN THE PRINCIPLE OF EQUALITY & NONDISCRIMINATION. ON THE BASIS OF INTERNATIONAL AGREEMENTS & NATIONAL POLICIES, MANY ETHNIC, LINGUISTIC, RELIGIOUS, & OTHER KINDS OF GROUPS HAVE RIGHTS AS COLLECTIVE ENTITIES: IN POLITICS & GOVERNMENT, EDUCATION, THE REGULATION OF PROPERTY OWNERSHIP & RESIDENCE, LAW & THE ADMINISTRATION OF JUSTICE, & ECONOMIC OPPORTUNITY. EVIDENCE TO DESCRIBE THIS PROPOSITION IS PRESENTED IN EXAMPLES FROM NUMEROUS COUNTRIES TO SHOW THE FACTUAL SITUATION, NOT TO EXPLAIN OR JUDGE IT MORALLY. WHEN GROUPS HAVE RIGHTS, DIFFERENTIATION OCCURS BETWEEN INDIVIDUALS DEPENDING ON WHETHER THEY ARE MEMBERS. THIS RAISES THE QUESTION OF WHICH DIFFERENTIATIONS ARE DISCRIMINATORY & WHICH ARE JUSTIFIABLE IN THE NAME OF THE RIGHTS OF GROUPS. MODIFIED HA.