TY - JOUR
T1 - Transcending The Individual/Collective Minority Rights Divide
T2 - A Procedural Solution
AU - Körtvélyesi, Zsolt
N1 - Publisher Copyright:
© The Author(s), 2021. Published by Cambridge University Press for the British Institute of International and Comparative Law. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/)
PY - 2022/1/1
Y1 - 2022/1/1
N2 - 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.
AB - 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.
KW - Class action
KW - Collective procedure
KW - Group rights
KW - Human rights
KW - Minority rights
UR - http://www.scopus.com/inward/record.url?scp=85122129032&partnerID=8YFLogxK
U2 - 10.1017/S0020589321000464
DO - 10.1017/S0020589321000464
M3 - Article
AN - SCOPUS:85122129032
SN - 0020-5893
VL - 71
SP - 73
EP - 106
JO - International and Comparative Law Quarterly
JF - International and Comparative Law Quarterly
IS - 1
ER -