Group Rights
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Individual rights, also known as natural rights, are
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
held by individuals by virtue of being human. Some theists believe individual rights are bestowed by
God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...
. An individual right is a moral claim to freedom of action. Group rights, also known as collective rights, are
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
held by a group as a whole rather than individually by its members. In contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Individual rights and group rights are often incompatible. An appeal to group rights is often used to promote violation of individual rights. Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial.


Organizational group rights

Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights exercised and enshrined in law at different levels including those held by organizational persons, including nation-states,
trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s,
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s, trade associations, chambers of commerce, specific
ethnic group An ethnicity or ethnic group is a group of people with shared attributes, which they collectively believe to have, and long-term endogamy. Ethnicities share attributes like language, culture, common sets of ancestry, traditions, society, re ...
s, and
political parties A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
. Such organizations are accorded rights that are particular to their specifically stated functions and their capacities to speak on behalf of their members, i.e. the capacity of the corporation to speak to the government on behalf of all individual customers or employees or the capacity of the trade union to negotiate for benefits with employers on behalf of all workers in a company.


Philosophies

In the political views of classical liberals and some right-libertarians, the role of the government is solely to identify, protect, and enforce the natural rights of the individual while attempting to assure just remedies for transgressions. Liberal governments that respect individual rights often provide for systemic controls that protect individual rights such as a system of
due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
in
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
. Certain collective rights, for example, the right of "
self-determination Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...
of ''peoples,''" enshrined in Chapter I Article I of the
United Nations Charter The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six ...
, enable the establishment to assert these individual rights. If ''people'' are unable to determine their collective future, they are certainly unable to assert or ensure their individual rights, future and freedoms. Critics suggest that both are necessarily connected and intertwined, rejecting the assertion that they exist in a mutually exclusive relationship.
Adam Smith Adam Smith (baptised 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the field of political economy and key figure during the Scottish Enlightenment. Seen by some as the "father of economics"——— or ...
, in 1776 in his book ''
The Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', usually referred to by its shortened title ''The Wealth of Nations'', is a book by the Scottish people, Scottish economist and moral philosophy, moral philosopher Adam Smith; ...
'', describes the right of each successive generation, as a group, collectively, to the earth and all the earth possesses. The
United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
states several group, or collective, rights of the people as well as the states, for example the Right of the People: "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it" and the right of the States: "... as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do." Dutch legal philosopher Hugo Krabbe (1908) outlined the difference between the community and individual perspectives: The
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
argued in line with
Marxism–Leninism Marxism–Leninism () is a communist ideology that became the largest faction of the History of communism, communist movement in the world in the years following the October Revolution. It was the predominant ideology of most communist gov ...
that the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
over-prioritized individual rights over group rights.


See also

*
Affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
* Collective identity *
Collectivism and individualism In sociology, a social organization is a pattern of relationships between and among individuals and groups. Characteristics of social organization can include qualities such as sexual composition, spatiotemporal cohesion, leadership, struc ...
*
Common good In philosophy, Common good (economics), economics, and political science, the common good (also commonwealth, common weal, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, o ...
* Constitutional economics * Corporate personhood * Critical pedagogy * Ethnic interest group * Freedom of movement *
Identity politics Identity politics is politics based on a particular identity, such as ethnicity, Race (human categorization), race, nationality, religion, Religious denomination, denomination, gender, sexual orientation, Socioeconomic status, social background ...
*
Identity (social science) Identity is the set of qualities, beliefs, personality traits, appearance, or expressions that characterize a person or a social group, group. Identity emerges during childhood as children start to comprehend their self-concept, and it remains ...
* Indigenism * Institutionalized discrimination * Interest group liberalism * Liberation psychology * Minority rights * Popular front * Primordialism *
Protected group A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in co ...
* Reparations (transitional justice) * Right to development *
Self-determination Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...
* Special rights * Three generations of human rights * Voting bloc


Further reading

* Barzilai, Gad (2003), ''Communities and Law: Politics and Cultures of Legal Identities''. The University of Michigan Press, 2003. Second print 2005. . *


References


Bibliography

* * * * *


External links


Ayn Rand on Individual RightsSEP
{{Human rights Rights Human rights concepts Identity politics Affirmative action Individualism *