- Group rights
Group rights are the
right s held by agroup rather than by its members severally, or rights held only by individuals within the specified group; contrast withindividual right s. The term "group rights" may also be used to describe "peoples' rights", a legal concept best known in the context of indigenous rights as established in theDeclaration on the Rights of Indigenous Peoples . Group rights are not straightforwardlyhuman rights because they are group-differentiated rather than universal to all people just by virtue of being human. Group rights have historically been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. [Group Rights, Peter Jones 2005]Relationship with Human Rights
Much of the controversy surrounding group rights stems from the fact that some commentators perceive a fundamental conflict between group rights as a social norm or legal concept, and the concept of
equality orequality before the law . The principle of equality is enshrined in theUniversal Declaration of Human Rights which states in Article 1: "All human beings are born free and equal in dignity and rights." and Article 2 states: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". This means that the relationship between group rights andhuman rights is both complex and controversial. [Group Rights, Peter Jones 2005]The Western discourse
In the Western discourse
individual rights are often associated withfreedom , and group rights may have a negative connotation of unduestate control . This is because in the West the establishment ofindividual rights is associated withequality before the law and protection from the state. Examples of this are theMagna Carta , in which theEnglish King accepted that his will could be bound by the law and certain rights of the King's subjects were explicitly protected. In theUnited States individual rights for all by virtue of being human were only established after the Civil War, in 1868, with the Fourteenth Amendment to the Constitution. The Fourteenth Amendment was intended to secure rights for formerslaves and amongst others includes theDue Process andEqual Protection .Fact|date=October 2008Colonialism
Group rights may also have a negative connotation in the context of
colonialism ,legalised racism andwhite nationalism . In this context group rights award rights to a privileged group. For example, inSouth Africa under the formerapartheid regime, which classified inhabitants and visitors into racial groups (black, white, coloured and Asian). Rights were awarded on a group basis, creating first and second class citizens.Fact|date=October 2008Group rights in the name of equality
More recently though group rights are seen as an instrument to actively facilitate the realisation of
equality . This is where the group is regarded as being in a situation such that it needs special protective rights if its members are to enjoy human rights on terms equal with the majority of the population. [Group Rights, Peter Jones 2005] Examples of such groups may include indigenous peoples, ethnic minorities, women, children and the disabled. This discourse may takes place in the context ofnegative and positive rights in that some commentators and policy makers conceptualise equality as not only a negative right, in the sense of ensuringfreedom from discrimination , but also a positive right, in that the realisation of equality requires action by others or the state. In this respect group rights may aim to ensureequal opportunity and/or attempt to actively redress inequality.Fact|date=October 2008An example this is the
Black Economic Empowerment (BEE) program in post-ApartheidSouth Africa . The South African government seeks to redress the inequalities of Apartheid by giving previously disadvantaged groups (black Africans,Coloureds and Indians who are SA citizens) economic opportunities previously not available to them. It includes measures such as Employment Equity, skills development, reverse racism, ownership, management, socio-economic development and preferential procurement. TheSouth African Bill of Rights , contained in theSouth African Constitution contains strong provisions onequality , or theright to equality , in Section 9. But the Bill of Rights states that "discrimination... is unfair unless it is established that the discrimination is fair." This implies that the rational behind theBlack Economic Empowerment program is fair, despite infringing the absolute application of the right to equality.Fact|date=October 2008Government programs of
reverse discrimination orpositive discrimination exist in a number of countries: theBritish government [Compact Oxford English Dictionary [http://www.askoxford.com/concise_oed/positivediscrimination?view=uk] ] seeks to favour historically disadvantaged groups at the expense of members of a historically dominant group in the areas of university admissions or employment. [Encarta [http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861702027] , Wordsmyth [http://www.wordsmyth.net/live/home.php?script=search&matchent=reverse+discrimination&matchtype=exact] ] Similarly, non-quota race preferences is in place in theUnited States for collegiate admission to government-run educational institutions.Fact|date=October 2008Group rights in such a context may aim to achieve
equality of opportunity and/orequality of outcome . Suchaffirmative action can be controversial as they are in conflict with the absolute application of the right to equality, or because some members of the group that is intended to benefit from such programs criticises or opposes them.Fact|date=October 2008See also
*
Children's rights
*colonialism
*Disability rights movement
*Institutionalized discrimination
*Minority rights
*Racial segregation and
*Womens rights External links
* [http://plato.stanford.edu/entries/rights-group/ SEP]
References
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