Community and Collective Rights: A Theoretical Framework for Rights Held by Groups

Community and Collective Rights presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the book shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. It presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will be relevant both to legal theorists and legal and human rights practitioners interested in related areas.