Can Collective and Individual Rights Coexist?

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    Abstract

    [Recently it has been argued that collective rights of cultural minorities should supplement liberal individual rights. This article considers whether individual and collective rights can coexist within the same normative discourse, potentially forming complementary components of an approach to inter-cultural justice. On the basis of the approach here taken to rights and, in particular collective rights, it is argued that prevalent claims of inevitable and endemic conflicts between such rights cannot be sustained. Not only is the assumption of pervasive irreconcilability false, but the main strategies available for coping with other situations of rights conflicts are also available in the context of conflicts between collective and individual rights. It is accepted, however, that such conflicts cannot be completely dissolved and that their resolution will often be contentious and sometimes tragic. The article concludes with a discussion of how genuine cases of conflicting individual and collective rights can be constructively approached.]
    Original languageEnglish
    Pages (from-to)310-336
    JournalMelbourne University Law Review
    Volume22
    Publication statusPublished - 1998

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