Are Collective Rights Anti-Human?

Abstract

This essay first establishes necessary distinctions among collective group and solidarity rights, so as to bring out the potentially explosive import of collective rights to ‘internal’ self-determination. There follow arguments to this effect against recognizing collective rights to ethnic self-determination. In the words of one strong critique of ‘internal’ self-determination, it ‘(1) hinders the self-determination of individuals; (2) it prevents the recognition of mutual needs and interests between people within existing political communities; and (3) it exacerbates international tensions by giving just cause to all nationalist claims to statehood.’ In short, this critique goes, claims of collective rights to ethnic self-determination are anti-human because a threat to individual human rights, anti-human threats to existing diverse communities, and anti-human threats to peace. Arguing against this viewpoint with the situation in the post-Soviet successor states particularly in mind, the essay closes with reflections on implications of its arguments for law and action.