Group rights

Question 1

does it have a closeness to the ESCR

Answer 1

yes, but more to cultural rights

Question 2

give three conditions of group rights

Answer 2

• individuals
• have identities, histories, and engagements
• that belong to a group

Question 3

give examples in the IHRL

Answer 3

IHRL is conceived within the context of communities, with rights being limited by the rights of others and the general interest of the relevant community (McCorquodale, 2022) conflictual theory

Question 4

Regarding group rights there are requirements for three things:

Answer 4

self-consciousness
self-identity
pertinence

Question 5

explain group rights vs. rights of individuals

Answer 5

• in some cases, an individual claim may protect indirectly a group right (serac v. Nigeria, 2001) and (Singer vs. Canada (1991) before the UNHRCtee
• treaties have a certain ambiguity
• In most cases, group rights may be exercised inky by peoples
• the right of self-determination is a key concept
• external recognition is useful but not determinant

Question 6

explain self-determination in the concept of people according to UNESCO

Answer 6

common historical tradition
racial or ethnic identity
cultural homogeneity
linguistic unity
religious or ideological affinity
territorial connection
common economic life
THAT’S WHEN YOU BECOME A GROUP

Question 7

explain the right of self-determination in the colonial context

Answer 7

• 1960 UN Declaration of independence for colonial countries and Peoples
• Western Sahara Case (1975)
• Chagas Advisory Opinion (2019)

Question 8

explain the right of self-determination in the outside colonial context

Answer 8

unification of Germany and
dissolution of Yugoslavia

Question 9

what is one of the essential principles of International Law?

Answer 9

the right of self-determination
eg. Portugal vs. Australia

Question 10

explain the exercise of the right and give egs.

Answer 10

can be internal or external
- by independence from colonizers
- by unification
- unilateral declaration
eg. Quebec, Kosovo, Catalogna

Question 11

Explain some limitations

Answer 11

• Uti Possidetis iuris (the state that has the right to)
  political formations
  colonial inheritance
  Burkina Faso v Mali (1986) ICJ Rep 554
• Others
  competing claims Portugal v Indonesia in the East Timor case
  the use of force