Group Rights

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and distributive (...) equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same entity (...) whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount of the (...) carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)

In the age of Big Data Analytics and Covid-19 Apps, the conventional conception of privacy that focuses excessively on the identification of the individual is inadequate to safeguard the individual’s identity and autonomy. An individual’s autonomy can be impaired and their control over their social identity diminished, even without infringing the anonymity surrounding their personal identity. A century-old individualistic conception of privacy that aimed at safeguarding a person from unwarranted social interference is incapable of protecting their autonomy and identity when (...) they are targeted on the basis of their interdependent social and algorithmic group affiliations. In order to overcome these limitations, in this article, I develop a theoretical framework in the form of a triumvirate model of the group right to privacy (GRP), which is based on privacy as a social value (Pv). An individual has an interest in protecting their social identity arising out of their participation in social groups. The panoptic sorting of individuals by Big Data Analytics for behavioral targeting purposes gives rise to epistemic bubbles and echo chambers that impede the formation of an individual’s social identity. I construct the formulation of GRP1 to protect an individual’s interest in their social identity and their socially embedded autonomous self. Thereafter, I emphasize an individual’s right to informational self-determination and against algorithmic grouping in GRP2. Lastly, I highlight instances where GRP3 entitles an organized group to privacy in its own right. I develop a Razian formulation to state that Big Data Analytics’ constant surveillance and monetization of human existence is an infringement of individual autonomy. The violation of GRP subjects an individual to behavioral targeting (including hyper-targeted political advertising) and distorts their weltanschauung, or worldview. As regards Covid-19 Apps, I assert that the extraordinary circumstances surrounding the pandemic do not provide an everlasting justification for reducing an individual’s identity to a potential disease carrier. I argue that the ambivalence regarding existence of surveillance surrounding an individual’s social identity can leave them in a perpetual state of simulated surveillance (simveillance). I further assert that it is in the long-term best interests of the Big Tech corporations to respect privacy. In conclusion, I highlight that our privacy is not only interdependent in nature, but it is also existentially cumulatively interlinked. It increases in force with each successive protection. The privacy challenge posed by Covid-19 Apps has helped us realize that while limited exceptions to privacy may be carved out in grave emergencies, there is no moral justification for round-the-clock surveillance of an individual’s existence by Big Data Analytics. Similarly, the threat to privacy posed by Big Data Analytics has helped us realize that privacy has been wrongly focusing on the distinguishing aspects of the individual. It is our similarities that are truly worth protecting. In order to protect these similarities, I formulate the concept of mutual or companion privacy, which counterintuitively states that in the age of Big Data Analytics, we have more privacy together rather than individually. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing group agents as loci (...) of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, large paradigm shifts. (...) I also examine cases that have yet to be adequately addressed by philosophers working on this topic, like the explosion of abusive speech online (chapter four) or the distinctive speech acts of protest groups (chapter five). I argue that by considering these alongside the ‘paradigm’ cases of subordinating speech that inform most models, we are better able to capture the lived realities of this phenomena, as described by members of groups targeted by such speech. I develop a novel account of speaker authority to explain the variety of pragmatic effects subordinating speech generates. Instead of seeing this authority as reducible to either a formal position or a merely local, linguistic phenomenon, I argue for a conception of speaker authority that is a richly contextual social fact, distributed unevenly among members of different social groups. I also develop an account of collective authority that explains how a group of speakers can join together to subordinate in a way that no individual speaker is capable of doing. This account, I argue, is better able to explain the social reality of subordinating speech than individualist models. Overall, I show how a more fine-grained account of subordinating speaker authority gives us a more accurate picture of the different subordinating speech acts available to different speakers, along with how these may harm their targets. (shrink)

Cet article vise à enrichir l’approche désagrégative proposée par Cécile Laborde dans Liberalism’s Religion [HUP, 2017] à l’aide de certaines intuitions rawlsiennes provenant de notre ouvrage La nation pluraliste [PUM, 2018]. En partant de la notion d’« accommodement raisonnable » telle que comprise dans le contexte légal du Québec et du Canada, nous parvenons à une interprétation des fondements normatifs de la distinction entre droits fondamentaux et accommodements qui repose sur la raison publique. La perspective que nous défendons permet ultimement (...) d’admettre des droits fondamentaux à la fois pour les personnes et pour les groupes. (shrink)

Federal guidelines require that informed consent be obtained from participants when they are enrolled in a research study. When conducting research with children, the guidelines utilize the term permission to describe parents' agreement to enroll their children in a study. The basic components of consent and permission are well described and identical, with the exception of the person for whom the decision to participate is being made. Beyond permission, when enrolling minor participants in research, affirmative agreement to participate in research (...) or assent must be obtained from the child participants themselves. The concept of children's assent to research, however, is poorly defined, resulting in inconsistency in its pursuit and, consequently, in its utility. The interface between cognitive development, emotional, and social development must be examined as it pertains to this special situation of decision making. For this process to meaningfully protect minors, the assent process must be clarified, decisions regarding parental veto power must be more convincingly justified, and researchers must be better educated and held accountable for the valid execution of this process. Strategies for implementing the assent process more effectively are presented. (shrink)

This chapter surveys attempts to provide liberal justification for specific rights available to Indigenous citizens of democratic societies. The most important of these, by Will Kymlicka, relied on the equal right of all citizens to the good of cultural membership to argue for specific rights to protect minority cultures. After noting that Rawls’s political liberalism offers other resources to argue for specific constitutional or legal rights for colonised Indigenous citizens, the chapter turns to consider James Tully’s argument for an inter-cultural (...) constitutionalism based on the principles of recognition, consent and continuity. Finally, the chapter refers to the work of Robert A. Williams Jr in order to suggest that the conditions of a just and fair colonial constitution are similar to the conditions of a just and stable political society in which there are incommensurable comprehensive moral views. (shrink)

Major considerations of disability studies—such as provision of care, accommodation for disabled people, and issues surrounding institutionalization—have been consistently marginalized in American bioethical discourse. The right to die, however, stands out as a paradigmatic bioethical debate. Why do advocates for expanding the volition and self-direction of disabled people emerge from the periphery only to help those disabled people who choose death? And why do the majority of people assume an unrealistically low quality of life for those with disabilities? This paper (...) will argue that the dominance of the Western liberal tradition in American culture motivates both these phenomena: by emphasizing individual rights over duties and responsibilities, assuming the isolated and independent rights-bearer as the prototypical person, and evoking an unrealistically atomistic view of human interaction. As an alternative, I offer a framework rooted in feminist ethics that emphasizes context, gives moral weight to human relationships, abandons the problematic ideal of a lone rights-bearer, and emphasizes the mutual vulnerability of embodied individuals. (shrink)

I argue that an icon in the immediate aftermath of the attacks on the World Trade Center, the “circle of candles” represents an alternative to Samuel Huntington’s “clash of civilization” thesis. But I also put forward a public policy that initially may seem to contradict this alternative: group or cultural rights, beyond, and even sometimes conflicting with, individual rights. Such rights at first blush appear to ensconce the same sort of walled-in, homogeneous and exclusionary cultural entities that Huntington’s thesis implies (...) I begin by stating Huntington’s thesis and the opposition to it that Amartya Sen has voiced in a recent book. I then provide a way of understanding the circle of candles that reinforces but also goes beyond the multi-identity type of multiculturalism that Sen places in opposition to Huntington’s warring monocultures. This understanding of the circle of candles, I will argue, shows how group or cultural rights, properly construed, can be incorporated into the type of hybrid society–what I call a “multivoiced body”– that constitutes a compelling alternative to the exclusionist responses to 9/11. My argument is reinforced by consideration of the current Zapatistas movement and their demands for group rights. (shrink)

The conservative antipornographic premise (“defined and connected”) should be faulted for its groundlessness. Thus, conservative state censorship should be challenged by liberal individual rights to pornography and further by the value of moral harm. Along with the spirit of J. S. Mill’s harm principle, the right to free speech, including of course pornographic right, must prevail. And a number of feminist challenges to free pornographic rights are replied to in a variety of ways by some liberal thinkers who believe in (...) the supremacy of the First Amendment in the Bill of Rights of the U.S. Constitution. The concept of neutralizability may be added among those replies. Liberal pornographic rights prevail these days. (shrink)

This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might be institutionalized more successfully.

Over twenty years after the 1989 General Assembly voted to open the Convention on the Rights of the Child for signature, the United States remains only one of two UN members not to have ratified it. The other is Somalia. This book explores the reasons for this resistance. The book highlights the priority of ethical human rights over legal human rights. Part One includes contributions by educators and child psychologists who favor and use the Convention even when it is not (...) ratified. Part Two includes two chapters by opponents of the Convention by home-schooling advocates. Part Three examines child rights in the developing world. (shrink)

What interest me are the reasons why?human? or?human rights? could be important or possibly most important in constituting a group? in the subtitle). If I had to justify the existence of the latest debates on nature, justification and universality of human rights, on their distinction from other normative standards, on the philosophy and foundation of human rights, on?Human Rights without Foundations?, then I would immediately conclude that this?process of grandiose concretization? of a complete fabrication is far from over. Despite the (...) innumerable pacts and international conventions established after World War II, the slew of obligations to which states have agreed in the last few decades, the establishment of rights to secession or humanitarian intervention it is as if the constitution of classification of basic human rights and their universality is far from over. (shrink)

Schooling Poor Minority Children: New Segregation in the Post-Brown Era explores the "redesign of school segregation" and explains why resegregation of schools in the post-Brown era is so destructive for poor minority students.

In this thirty-second annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Majorities and Minorities, thirteen distinguished contributors consider a diverse selection of topics. Included are essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Of Interest to political scientists, philosophers, and legal scholars, this collection brings together a variety of viewpoints. Each author is a leading voice within his (...) or her specialized field. (shrink)

7. The rights of immigrants: Joseph H. Carens.

A comprehensive account of justice grounded on salient Afro-communitarian values, the article attempts to unify views about the distribution of economic resources, the protection of human rights and the provision of social recognition as ultimately being about proper ways to value loving relationships.

Given that art 12 is one of the fundamental principles of the United Nations Convention on the Rights of the Child, it is surprising to find that there was no mention of the voice of the child in the very first draft of the Convention. This article examines the genesis of art 12 and its evolution during the drafting process. The content of participation rights, as they have come to be known, is explored and the concept is set in its (...) wider Convention and international contexts, before some key features of implementation and progress to date are highlighted. (shrink)

In the present Belgian situation the three major ethnic groups share the belief that they are culturally, economically and/or politically dominated by the other linguistic community. This article expounds the thesis that these minority feelings are embedded in different interest which are legitimized by a discourse on democracy. Both Flemings and Francophones defend their own perceived interests and thereby develop a view on their interethnic relations that is either of a 'regulated democracy ' or of a 'liberal democracy ' kind, (...) according to the situation. This political 'war of words' is nowadays concentrated on those are as that were left 'untouched' by the recent decentralization and federalization of the country which was designed to defuse the ethnic tinder-box. These remaining stumble blocks concern the position of the Flemings within the Brussels Region and that of the Francophones in the Brussels periphery and along the language border. The article starts with a short historical overview of the Belgian intergroup conflict to provide a better understanding of the present-day democracy discourse. (shrink)