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Transcending The Individual/Collective Minority Rights Divide : A Procedural Solution
Title / Series / Name
Publication Volume
Publication Issue
Pages
Authors
Editors
Keywords
Class action
Collective procedure
Group rights
Human rights
Minority rights
Political Science and International Relations
Law
Collective procedure
Group rights
Human rights
Minority rights
Political Science and International Relations
Law
URI
https://hdl.handle.net/20.500.14018/27486
Abstract
Relying on examples from international, EU and comparative law and drawing on insights from the class action literature, this article argues that important advances in minority rights protection can be achieved without the revision of substantive legal provisions and the full-scale embracing of collective rights. Allowing minority members to present their claims on behalf of a larger group (collective procedure), even when such claims ultimately rest on the rights of individuals as opposed to those of the group, strengthens minority rights and can transform our vision of them. An overview of eight interrelated benefits shows not only how these advantages occur, but also why the procedural approach avoids the issues that motivate negative critiques of group rights.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2022-01-01
Language
ISBN
Identifiers
10.1017/S0020589321000464