Group rights, also known as collective rights, are

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...

held by a group '' qua'' a group 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. 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 cater toward organizational persons, including nation-states,

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...

corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...

s, trade associations, chambers of commerce, specific

ethnic group An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...

s, and

political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...

. 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 state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...

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 The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...

of ''peoples,''" enshrined in Chapter I Article I of the

United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its Organ ...

, 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 (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——� ...

, in 1776 in his book ''An Inquiry into the Nature and Causes of the Wealth of Nations'', 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 United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ( ...

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 Hugo Krabbe (3 February 1857 – 4 February 1936) was a Dutch legal philosopher and writer on public international law. Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen. Like Ke ...

(1908) outlined the difference between the community and individual perspectives:

References

Bibliography

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External links

Ayn Rand on Individual Rights

SEP
{{Human rights Rights Human rights concepts Identity politics Affirmative action Individualism Collective rights

Organizational group rights

Philosophies

See also

Further reading

References

Bibliography

External links