Group rights are
rightsRights 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 rather than by its members separately, or rights held only by individuals within the specified group; in contrast,
individual rights are rights held by individual people regardless of their group membership or lack thereof. Group rights have historically been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. Group rights are not straightforwardly
human rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
because they are group-differentiated rather than universal to all people just by virtue of being human.
Overview
In
WesternWestern culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
discourse, individual rights are often associated with political and
economic freedomEconomic freedom is a term used in economic and policy debates. As with freedom generally, there are various definitions, but no universally accepted concept of economic freedom...
, whereas group rights are associated with
social controlSocial control refers generally to societal and political mechanisms or processes that regulate individual and group behavior, leading to conformity and compliance to the rules of a given society, state, or social group. Many mechanisms of social control are cross-cultural, if only in the control...
. This is because in the West the establishment of individual rights is associated with equality before the law and protection from the state. Examples of this are the
Magna CartaMagna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
, in which the English King accepted that his will could be bound by the law and certain rights of the King's subjects were explicitly protected.
By contrast, much of the recent political discourse on individual rights in the
People's Republic of ChinaChina , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, particularly with respect to due process rights and
rule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, has focused on how protection of individual rights actually makes social control by the government more effective. For example, it has been argued that the people are less likely to violate the law if they believe that the legal system is likely to punish them if they actually violated the law and
not punish them if they did not violate the law. By contrast, if the legal system is arbitrary then an individual has no incentive to actually follow the law.
Racism
Group rights may have a negative connotation in the context of
colonialismColonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
,
legalised racismState racism is a concept used by French philosopher Michel Foucault to designate the reappropriation of the historical and political discourse of "race struggle", in the late seventeenth century....
and
white nationalismWhite nationalism is a political ideology which advocates a racial definition of national identity for white people. White separatism and white supremacism are subgroups within white nationalism. The former seek a separate white nation state, while the latter add ideas from social Darwinism and...
. In this context group rights award rights to a privileged group. For example, in
South AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
under the former apartheid regime, which classified inhabitants and visitors into racial groups (black, white, coloured and Indian). Rights were awarded on a group basis, creating first and
second class citizensSecond-class citizen is an informal term used to describe a person who is systematically discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or legal resident there...
.
In the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
individual rights for all by virtue of being human were only established after
the Civil WarThe American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, in 1868, with the
Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the Constitution. The Fourteenth Amendment was intended to secure rights for former slaves and amongst others includes the
Due ProcessDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and Equal Protection clauses.
Affirmative action
In the modern context, 'group rights' are argued for by some as an instrument to actively facilitate the realisation of equality. In a society where there is already
equality before the lawEquality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws....
for all citizens, 'equality' is often an euphemistic reference to material equality (money & resources). 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 living conditions on terms equal with the majority of the population.
Examples of such groups may include
indigenous peoplesIndigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
,
ethnic minoritiesA minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...
, women, children and the disabled. This discourse may takes place in the context of
negative and positive rightsPhilosophers and political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character...
in that some commentators and policy makers conceptualise equality as not only a negative right, in the sense of ensuring
freedom from discriminationThe right to freedom from discrimination is an internationally recognised human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its...
, but also a positive right, in that the realisation of equality requires
redistributive actionRedistribution of wealth is the transfer of income, wealth or property from some individuals to others caused by a social mechanism such as taxation, monetary policies, welfare, nationalization, charity, divorce or tort law. Most often it refers to progressive redistribution, from the rich to the...
by others or the state. In this respect group rights may aim to ensure
equal opportunityEqual opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...
and/or attempt to actively redress inequality.
An example this is the
Black Economic EmpowermentBlack Economic Empowerment is a programme launched by the South African government to redress the inequalities of Apartheid by giving previously disadvantaged groups economic opportunities previously not available to them...
(BEE) program in post-Apartheid
South AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. 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-economicSocioeconomics or socio-economics or social economics is an umbrella term with different usages. 'Social economics' may refer broadly to the "use of economics in the study of society." More narrowly, contemporary practice considers behavioral interactions of individuals and groups through social...
development and preferential procurement. The South African Bill of Rights, contained in the South African Constitution contains strong provisions on equality, or the right to equality, in Section 9. While stating that "discrimination... is unfair unless it is established that the discrimination is fair," section 9 also contains the provision that, "to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken."
IndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
has an extensive system of affirmative action quotas or reservations intended to redress historical inequalities of opportunity, especially the legacy of
caste systemThe Indian caste system is a system of social stratification and social restriction in India in which communities are defined by thousands of endogamous hereditary groups called Jātis....
.
Government programs of
reverse discriminationReverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
or positive discrimination exist in a number of countries: Non-quota race preferences are in place in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
for collegiate admission to government-run educational institutions.
Group rights in such a context may aim to achieve equality of opportunity and/or
equality of outcomeEquality of outcome, equality of condition, or equality of results is a controversial political concept. Although it is not always clearly defined, it is usually taken to describe a state in which people have approximately the same material wealth or, more generally, in which the general conditions...
. Such
affirmative actionAffirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
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 criticizes or opposes them.
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 unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s,
corporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, trade associations, chambers of commerce,
political partiesPolitical Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
. Such organizations are accorded rights which 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 companyCollective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
.
Constitutions
In the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the
ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
outlines individual rights within the
Bill of RightsThe Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. In
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the
Canadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
serves the same function. One of the key differences between the two documents is that some rights in the Canadian Charter can be overridden by governments if they explicitly do so according to Section 33 of the Charter . In practice, the Quebec government used the provision frequently in the early 1980s as a protest, and since then to maintain a ban on non-French public signs for five years. The government of Saskatchewan has used it for back-to-work legislation, and the government of Alberta sought to use it to define marriage as strictly heterosexual. In contrast, in the United States, no such override exists even in theory; even a
constitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
could not remove these rights entirely, as they are considered inalienable under the natural rights principles the Constitution is founded upon.
Philosophies
In the minarchist political views of
libertariansLibertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
and classical liberals, 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 processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
in
criminal justiceCriminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
. Collectivist states are generally considered to be
oppressiveOppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and...
by such classical liberals and libertarians precisely because they do not respect individual rights. Interceding within that spectrum for the actual availing of collective governance to be allotted systematization and their undivided agency, but relegated for the regulation of such freedom toward constructed entities is the federative process. A faculty of
federalismFederalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
that lends to relative de-standardization of governance under its auspices, unlike libertarian or socialistic manners of state. Federated structures allow for diversity of power distribution between the alternating group and individual interest schemata where neither liberal nor collective type governing alone can codify in variation.
Ayn RandAyn Rand was a Russian-American novelist, philosopher, playwright, and screenwriter. She is known for her two best-selling novels The Fountainhead and Atlas Shrugged and for developing a philosophical system she called Objectivism....
, developer of the philosophy of
ObjectivismObjectivism is a philosophy created by the Russian-American philosopher and novelist Ayn Rand . Objectivism holds that reality exists independent of consciousness, that human beings have direct contact with reality through sense perception, that one can attain objective knowledge from perception...
asserted that a group, as such, has no rights. A man can neither acquire new rights by joining a group nor lose the rights which he does possess. Man can be in a group without want or the group minority, without rights. The principle of individual rights is the only moral base of all groups or associations. She maintained that since only an individual man can possess rights, the expression "individual rights" is a redundancy, but the expression "collective rights" is a contradiction in terms. Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual). This could be argued to contravene the idea of
corporate personhoodCorporate personhood is the status conferred upon corporations under the law, which allows corporations to have rights and responsibilities similar to those of a natural person. There is a question about which subset of rights that are afforded to natural persons should also be afforded to...
.
See also
- Constitutionalism
Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economics
Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- Rule according to higher law
The rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
- Special rights
Special rights is a term originally used by libertarians to refer to laws granting rights to one or more groups which are not extended to other groups...
- Disability rights movement
The disability rights movement is the movement to secure equal opportunities and equal rights for people with disabilities. The specific goals and demands of the movement are: accessibility and safety in transportation, architecture, and the physical environment, equal opportunities in independent...
- Identity politics
Identity politics are political arguments that focus upon the self interest and perspectives of self-identified social interest groups and ways in which people's politics may be shaped by aspects of their identity through race, class, religion, sexual orientation or traditional dominance...
- Institutionalized discrimination
Institutionalized discrimination refers to the unfair, indirect treatment of an individual embedded in the operating procedures, policies, laws, or objectives of large organizations such as the governments and corporations, financial institutions , public institutions , and other larger...
- Minority rights
The term Minority Rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups...
- Gay rights
- Indigenous rights
Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the preservation of their land, language, religion and other elements of cultural...
- Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
- Public Order
- Corporativism - incorporates, via state compact, jurisdictions acceded both public & private characteristics
External links