Individual and Collective Rights

1995 ◽  
pp. 107-125
Author(s):  
Martin van Hees
Keyword(s):  
Collective Rights

Exploring ethno-racial policy for the Garinagu in Central America: making the case for Black Indigeneity

2020 ◽  
pp. 117718012097900
Author(s):  
Sheryl Felecia Means
Keyword(s):  
Central America ◽  
Cultural Policy ◽  
Policy Making ◽  
Water Rights ◽  
Central American ◽  
Language Attrition ◽  
Political Autonomy ◽  
Collective Rights ◽  
Land And Water Rights ◽  
Racial Policy

Across the Central American region, several groups received political autonomy by the end of the 20th century. By granting autonomy to these groups, countries like Nicaragua acknowledged certain populations as members of distinct ethnic groups. This was not the case for every country or group in the region, and the lack of effective ethno-racial policy-making considerations across Central America has led to language attrition, loss of land and water rights, and commodification of historic communities. This article focuses on Honduras and Belize as unique sites of ethno-racial and socio-cultural policy making, group identity making and unmaking, and group rights for the Garinagu. Specifically, this work forwards a re-examination of national ethno-racial policy and a critical assessment of political models based on ethno-cultural collective rights intended to combat racial discrimination.

scholarly journals COVID-19 and Quality of Life: Twelve Reflections

2021 ◽  
Author(s):  
Daniel T. L. Shek
Keyword(s):  
Quality Of Life ◽  
Digital Divide ◽  
Well Being ◽  
Sudden Onset ◽  
Economic Disadvantage ◽  
Conflict Prevention ◽  
Collective Rights ◽  
The World ◽  
Life Issues

AbstractCOVID-19 has severely affected the world since December 2020. Because of its sudden onset and highly contagious nature, the world has responded in a “crisis management” manner. With effective vaccines almost available, it is appropriate at this time to have some reflections about COVID-19 in relation to the quality of life issues. In this paper, we highlight twelve issues for reflection, which can help us better prepared for future pandemics. These include: digital divide, health inequality, gender inequality, economic disadvantage, family well-being, impact on holistic well-being, economic development versus saving lives, consumption versus environmental protection, individual rights versus collective rights, international collaboration versus conflict, prevention of negative well-being, and promotion of positive well-being.

scholarly journals Women and Legal Pluralism: Lessons from Indigenous Governance Systems in the Andes

2017 ◽  
Vol 49 (3) ◽  
pp. 633-658 ◽  
Author(s):  
RACHEL SIEDER ◽  
ANNA BARRERA
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Women ◽  
Structural Constraints ◽  
Community Based ◽  
Community Governance ◽  
Collective Rights ◽  
The Andes ◽  
Governance Systems ◽  
National Citizenship ◽  
Citizenship Regimes

AbstractThe shift towards legally plural multicultural and pluri-national citizenship regimes in the Andes formally recognised indigenous peoples’ community-based governance systems. These tend to emphasise participation, deliberation and service to the collective, but are often criticised for discriminating against women. We argue that recent constitutional reforms and legislation combining recognition of collective rights claims with institutional guarantees for gender equality have in fact amplified indigenous women's different strategies of ‘negotiating with patriarchy’, allowing them to further the transformation of their organisations and ‘custom’. Such strategies are necessary because of the intersections of race, class and gendered exclusions that indigenous women experience, and possible because of the diverse and dynamic nature of community governance systems. Despite systemic and structural constraints on the guarantee of indigenous peoples’ rights, the actions of organised indigenous women over the last two decades point to new ways of imagining more plural, less patriarchal forms of citizenship.

The Politics of Individual and Group Difference in Canadian Jurisprudence

1994 ◽  
Vol 27 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Avigail Eisenberg
Keyword(s):  
Collective Rights ◽  
The Difference ◽  
The Individual ◽  
Group Interests

AbstractConstitutional commentators who interpret conflicts between individuals and communities in terms of a struggle between individual and collective rights do not accurately capture the jurisprudence developed in the courts regarding such conflicts. Such conflicts are more clearly analyzed when they are framed in terms of identity-related differences. The difference perspective has three advantages over the “individual versus collective rights” perspective. First, the difference perspective accurately retrieves the courts' reasoning by framing it in terms of the values actually at stake. Second, it avoids the traditional dichotomy between individual and collective rights. Third, it provides a means to compare claims of individuals and groups without reducing group interests to individual interests.

Collective Rights

2009 ◽  
pp. 153-183
Author(s):  
J. Angelo Corlett
Keyword(s):  
Collective Rights

Collective Rights

2009 ◽  
pp. 17-30
Author(s):  
Tamar Meisels
Keyword(s):  
Collective Rights

scholarly journals Aboriginal Self-Government and the Construction of Canadian Constitutional Identity

1969 ◽  
pp. 465 ◽  
Author(s):  
Michael Asch
Keyword(s):  
Minority Groups ◽  
Political Instability ◽  
The Political ◽  
Political Rights ◽  
Collective Rights ◽  
Political Tension ◽  
The Right ◽  
Constitutional Identity

In this article, the author examines the need for constitutional recognition and protection of the political collective rights of minority groups in Canada, particularly those of Aboriginal nations. The author asserts that Canada's present constitutional approach to minority collective rights is one of "indirect consociation," an approach which embraces the ideology of "universalism" and does not expressly recognize or protect minority ethnonational communities. This is ineffective as it generates political instability. He examines both Canadian constitutional thinking as well as the thoughts of Aboriginal nations on the right to self-government and discusses the conflicting theories behind each position. Finally, the author suggests that the solution to resolving this conflict between minority and majority political rights is for Canada to adopt a "direct consociation" approach. This approach would recognize expressly and protect the political rights of Aboriginal nations and other minorities, based on the concept of equality, as opposed to continuing colonialist or assimilationist approaches which only serve to heighten inequality and political tension.

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