Democracy And Participation- Conflicts Between Individual And Collective Rights Flashcards
Individuals rights
Rights that belong to a person regardless of personal characteristics. They apply to all individuals regardless of race, religion or gender.
Collective rights
Rights that belong to a group.
This group might share a particular characteristic (e.g. gay rights) or it might be a group in an organisation (e.g. workers’ rights).
There are constant conflicts between…
the principle of individual rights and the collective rights of the community as a whole
Examples of individual rights
Freedom of expression
The right to privacy
The right to demonstrate in public places (right of association and free movement)
The right to strike in pursuit of pay and employment rights
Conflicting collectivity right of the individual right:
Freedom of expression
The rights of minority groups not to be subjected to hate speech
Conflicting collectivity right of the individual right:
The right to privacy
The right of the community to be protected from terrorism by security services which may listen in on private communications
Conflicting collectivity right of the individual right:
The individual right to privacy
The collective right of the press to report on matters of public interest
Conflicting collectivity right of the individual right:
The right to demonstrate in public places (rights of association and free movement)
The right of the community to their own freedom of movement
Conflicting collectivity right of the individual right:
The right to strike in pursuit of pay and employment rights
The right of the community to expect good service from public servants who are paid from taxation
Which case study can you refer to which shows a real situation of an individual right conflicting with collective rights ?
Case study: the Ashers bakery case
In October 2018, the UK Supreme Court ruled that a baker could not be compelled to write ‘Support gay marriage’ on a cake, which was requested by a customer for a same-sex wedding. The decision appears to have upheld the individual right of a baker to their freedom of conscience — they could not be compelled to write something that went against their own beliefs. However, in coming to this decision, the court may have affected the collective right of the LGBTQ+ community to equal access to services (in this instance buying a cake of their choice).
