tailieunhanh - .Indigenous Rights and United Nations Standards Part 3

Một lý do khác đối với tập thể quyền liên quan đến sự cần thiết của họ. Ngay cả khi tầm quan trọng của văn hóa được chấp nhận hoặc như là một giá trị hoặc vì lợi ích của nó cho các cá nhân, nó vẫn không rõ ràng rằng các quyền tập thể là cần thiết để bảo vệ nó. | RECOGNITION OF CULTURAL MEMBERSHIP 31 adjudication this conflict provides a compelling case for ascribing rights to indigenous Another argument against collective rights relates to their necessity. Even if the importance of culture is accepted either as a valuable good or because of its benefits to individuals it is still not clear that collective rights are necessary to protect it. It has been suggested that most collective rights are essentially reducible to rights of the members of the group therefore they have no real practical value as the same result can be achieved through individual Liberals suggest that rights to culture can be adequately protected 112 for example through the individual right to However at least in some cases protecting the vulnerable by individual rights is just not possible. Providing indigenous peoples with a system of individual rights fails to protect them from the main violations of their human rights because these include violations of a collective nature towards indigenous communities as a group. Land rights for example have a value as individual rights that is different from their value as community rights. This became obvious in the United States when the General Allotment Act 1887 allowed reservation land to be divided into parcels owned by individual tribal members which they could then sell. By the time the Act was repealed by the Indian Reorganisation Act of 1934 the size of reservations in the USA was reduced to less than a third of what had been almost fifty years This demonstrates the assimilationist results that individual rights can have on vulnerable groups. The liberal would argue that it was the free choice of any individual to sell her land however those rights were given to the individual because of her membership of the indigenous group and would not be given to her otherwise. Indeed even leading opponents of the idea of collective rights have come to agree that .