Original scientific paper
Controversies about collective (cultural) rights
Milan Mesić
Abstract
With the appearance of multiculturalism (interculturalism) as both a social movement and theory more and more voices have been raised for recognition of various collective or group (cultural) rights. However, these claims go against the orthodox liberal theory of universal individual human and civil rights. Therefore, some liberal theoreticians (communitarians, multiculturalists) make efforts to (re)interpret the social justice concept, recognizing cultural entrenchment of human beings and factually deprived starting positions of diverse minority and deprivileged groups in realization of the principle of equality. Disputes about collective rights concern their theoretical concept as well as their political legitimization. The article draws attention of readers to some crucial issues of this world debate. Can group rights at all be conceived of from the standpoint of the liberal philosophy of social justice, grounded on the principle of individual equality? Should they be defined as human, citizenship or purely legal rights? Even if we agree on social legitimacy and the theoretical rationale of collective rights, the question remains - who are their beneficiaries? Exclusively individual members of groups concerned either/or collectives themselves on their own? Who should determine a group’s eligibility for differentiated rights - international bodies, state, group or members of a group in question? Exactly which ‘goods’ can rightfully be claimed by certain groups?
Keywords
human rights; citizenship; collective rights; group rights; cultural rights
Hrčak ID:
13315
URI
Publication date:
20.6.2007.
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