Collective Right

Even though they reflect the general understanding of individuals, the collective right is the right of a group, not an individual. The claim needs to serve the interests of the group, and not allow for individual gain.

What the liberal mind often fails to observe, is that, for the same reason that we are individuals, we are also all different; and there are communities within our society that do not share the normative understanding of the majority -- the liberal individual often fails to recognize other communities of different 'shared understanding.'

There are mainly two types of collective rights that are being claimed:

1. the indigenous group seeks to protect its distinct existence and identity by limiting its vulnerability to the decisions of the larger society;
   
2. the indigenous group may seek the use of state power to restrict the liberty of its own members in the name of group solidarity.

Will Kymlicka argued, the latter is a matter of 'internal restrictions,' and the former of 'external protections.' Internal restrictions are 'good' in a limited sense; they are to attain some minimal restrictions, such as jury duty, vote duty, community service, etc. As for the 'bad' restrictions, of them; the most apparent are religious obligations and traditional gender roles. The line of oppression must not be crossed -- a line defined by the distinction between one’s ‘duty to the community’ and imposed the ‘restriction on one’s liberties.’ The most general form of oppression, unfortunately, is a governing unification of church and state.

In the case of external protection, however, we are dealing with inter-group relations. In the case of minorities, the collective will seek to limit their vulnerability to the actions of the larger community. These rights prove to be important for the minorities, for otherwise their voice would only echo in the crowd and their opinion would not reach across. 'Good' claims are of this sort. And out of these, the most apparent, is the right of indigenous people for preserved land and a guaranteed representation in the various fields of politics. As stated by Kymlicka, “these sorts of external protections are often consistent with liberal democracy, and may indeed be necessary for democratic justice (PHR, 449).”

Because of the vast scope of The Human Rights to autonomy, or self-determination, it must be treated as a basic Human Right -- both individual and collective rights are subject to its interpretation. Henry Shue, in his book "Basic Rights," draws the conclusion that “the social guarantees against standard threats that are part of moral rights generally are the same as the fulfillment of basic rights (p.34).” Shue argued that basic rights are 'simultaneous necessities' (p.26). Within the scope of this basic right is the right to belong to a group and seek the life one wishes to lead. Consequently, since the liberal state is committed to providing vast options for its members to choose from, it will have to allow for the preservation of the groups of people that wish to seek a non-normative understanding.

In the United Nations Human Rights Covenant, self-determination is understood as claiming "all people may, for their own ends, freely dispose of their natural wealth and resources…in no case may a people be deprived of its own means of subsistence."

The question of cultural survival has become a growing concern for encapsulated minorities in ethnically plural situations. For example: Tom G. Svensson examines the case of the Sami, and their claim to the right of self-determination as a matter of cultural survival. The Sami sought to be recognized as an ethnic minority within the Norwegian state in order to be subject to international human rights law. This particular case pertained to the legality of a state-managed hydropower development that affected a vital section of the Sami habitation. Although the Sami were not too concerned with this particular case, they were ’no longer prepared to accept that each case be viewed separately, resulting in losses they could not control.’

Hunting and other ecological adaptation are a crucial part of the Sami community, meaning that “they have to have access to a much larger area of land to carry on their tradition made of production, whereas people who use the land more intensely usually require far less territory for their cultural maintenance (HRCCP, 369).” Moreover, Svensson argues that cultural survival is not only a matter of culture, per say. It can also be regarded as a human right issue based on political rights and land rights, the two predominant elements contained in what is referred to as “Aboriginal rights.“

There is a conflict between the autonomy of the individual and the self-determination of distinct cultures. It is important that the government support the minority cultures with the means necessary for them to stand and progress as a distinct culture.