Co-nation Rights and the Concept of ‘Collective Rights’: Human Rights, or Institutional Rights?
3 Co-nation Rights and the Concept of ‘Collective Rights’: Human Rights, or Institutional Rights?
- National Minority Rights in Europe
Tove H. Malloy
- Oxford University Press
This chapter argues that national minority rights may be political cluster rights backed up by political institutions. It examines the prevailing use of collective rights in public international human rights law and the tensions that it encounters in this structure of law. The chapter explains why co-nation rights are technically institutional rights rather than human rights and suggests that the individualism–collectivism dichotomy has a central place in our search for the understanding of collective rights.
national minority rights, political institutions, collective rights, human rights, co-nation rights, individualism–collectivism dichotomy
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