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Title: Group rights vs.lndividual rights: towards a Harmonization Scheme
???metadata.dc.contributor.*???: Tsegaye Regassa [LL.B, LLMJ
Gosaye, Ayele
Keywords: r:o lkct il'c rights can be dist illg uishcd
Issue Date: Jul-2006
Publisher: Addis Ababa University
Abstract: Col lecLive r igh ts a re conceptualized divergcn Ll v. Generally two types of r:o lkct il'c rights can be dist illg uishcd: 'pc rfc c t ' and 'im perfect' collecti ve right s. Imperfec t co llective rig hts a re those ri ghts which a re vested in indi vidua l members of a group but wh ich may be looked after collec tively. 'Perfect' collective rights are those rights which a re not only vested in the coll ec tivity bu t which may be a lso exerc ised collec tively. Collective righ ts s hare the two key characteri s tics of rights in gene ra l and human rights in particular. Collective rights are claims and like any right or human right, has got subj ect, objec t and a du ty- bearer. In Ethiopia, it is the 1995 FORE constitution which explicitly recognized collective r ights. The 1995 FORE constitution recognized the collective r igh t to s elf-de termination. The subjects of the coll ec tive right to selfdetermination are na tion s , n a tionalities and peoples. The content of the collcctile right to self-d ete rmi nation includes the ri ght languages, culture , and history self-ad mini s tration a nd to establish institutions of government, to equitable representation at federal and regional lend , to establi sh ones own state, and the right to secede. The relationship between collective rights and individual human rights is the most controversial. There a re theore tical a rguments for and against whether collective righ ts are human rights . There is a lso a third position on the question wheth er collec tive rights are human rights. This middle position den ies collective rights a re human r ights but a ccepts that collective rights exis t and can be justified. Two positions can a lso be identified on whether collective righ ts a re in harmony or m conl1ict with individual rights. The FORE Con stitution does not have gen e ra lly a ha rmonization scheme in case of conl1ict between the collective right to se lf-determination and individua l righ ts.
Appears in Collections:Thesis - Law

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