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National Minority Rights in Europe$
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Tove H. Malloy

Print publication date: 2005

Print ISBN-13: 9780199274437

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199274437.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 June 2021

Co-nation Rights and the Concept of ‘Collective Rights’: Human Rights, or Institutional Rights?

Co-nation Rights and the Concept of ‘Collective Rights’: Human Rights, or Institutional Rights?

Chapter:
(p.83) 3 Co-nation Rights and the Concept of ‘Collective Rights’: Human Rights, or Institutional Rights?
Source:
National Minority Rights in Europe
Author(s):

Tove H. Malloy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274437.003.0004

This chapter argues that national minority rights may be political cluster rights backed up by political institutions. It examines the prevailing use of collective rights in public international human rights law and the tensions that it encounters in this structure of law. The chapter explains why co-nation rights are technically institutional rights rather than human rights and suggests that the individualism–collectivism dichotomy has a central place in our search for the understanding of collective rights.

Keywords:   national minority rights, political institutions, collective rights, human rights, co-nation rights, individualism–collectivism dichotomy

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