Transcending The Individual/Collective Minority Rights Divide: A Procedural Solution

Zsolt Körtvélyesi*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

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.

Original languageEnglish
Pages (from-to)73-106
Number of pages34
JournalInternational and Comparative Law Quarterly
Volume71
Issue number1
DOIs
StatePublished - 1 Jan 2022
Externally publishedYes

Keywords

  • Class action
  • Collective procedure
  • Group rights
  • Human rights
  • Minority rights

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