RIGHTS,
HUMAN
in
the
international community.
The first is
whether
the
concept
of
human rights
as set
forth
in
the
Universal Declaration
and
subsequent
documents applies only
to
individuals
or
whether
it
also applies collectively
to
groups such
as
reli-
gious groups, ethnic minority groups, indigenous
peoples, etc.
It is
clear
from
the
policy
and
prac-
tice
in
many nations that, with regard
to
certain
matters, ethnic groups
do
have
a
collective, cor-
porate identity.
For
example, land claims
and
other rights asserted
by
Native Americans have
been
adjudicated
in
courts
or
settled
by
admin-
istrative bodies within
the
framework
of the
group's
rights. Similarly,
in New
Zealand,
the
Maori right
to
political representation
is a
group
right,
not an
individual
right.
However, when
it
comes
to
rights
defined
as
human rights,
the
question
of
whether those rights apply only
to
individuals
or
also
to
groups
is not
clear.
Hu-
man
rights advocates argue
for the
latter view
as
a
way of
more broadly protecting human rights,
while many national governments adhere
to the
individual rights only position
as a
means
of
defining
human rights
as an
internal matter.
Efforts
at
applying rights protection
to
entire
groups
has led to
many
as yet
unanswered ques-
tions, such
as:
What
is an
ethnic minority?
Is
group size
a
reasonable criteria
for
measuring
group existence? Does
a
group need
to be
local-
ized
to be a
group?
How
does
one
measure
group cohesiveness?
The
second controversy concerns
the
issue
of
differentiation
versus discrimination that
of-
ten
arises
when
one
group
is
afforded
some rights
denied
to
other groups.
The
controversy
arises
because
in
many nations ethnic minority groups
want
to be
treated
differently,
often
in
order
to
maintain their cultural integrity
or to
regain
rights lost during times
of
colonial domination.
The
question
is
whether this
differential
treat-
ment
of
groups—as
in
affirmative
actions pro-
grams
for
African-Americans
in the
United
States
or
programs
for
Untouchables
in
India—
is
a
form
of
discrimination, either against
indi-
vidual members
of the
group
or
members
of
other groups
who are not
eligible
for
differen-
tial treatment. Outsiders sometimes
see
these
special
group rights designed
to
reverse
the ef-
fects
of
past discrimination
as a
form
of
reverse
discrimination.
In
general, groups that
are
given
collective rights tend
to be
ones with
a
clear eth-
nic
identity
and
membership,
who are
different
from
other groups,
and who can be
awarded
rights
on the
basis
of
objective criteria that also
can
be
applied
to
other groups.
The
third controversy
is
over
the
cross-
cultural validity
of
current conceptions
of hu-
man
rights, which
are
seen
in
some non-Western
nations
as
reflecting Western values
and
there-
fore
as
ethnocentric.
This
ethnocentrism
is
seen
by
some experts
as a
hurdle
to the
universal adop-
tion
and
enforcement
of
human rights
protec-
tions. From
a
cross-cultural perspective, much
attention
has
been
focused
lately
on
Islam
and
Islamic nations
and the
need
to
balance univer-
sal
human rights concepts with such Islamic
practices
as the use of
amputation
as a
punish-
ment
for
crime.
UNIVERSAL
DECLARATION
OF HU-
MAN
RIGHTS
PREAMBLE
Whereas
recognition
of the
inherent
dignity
and
of the
equal
and
inalienable
rights
of all
members
of the
human
family
is the
founda-
tion
of
freedom,
justice
and
peace
in the
world,
Whereas
disregard
and
contempt
for
human
rights have resulted
in
barbarous acts which
have outraged
the
conscience
of
mankind,
and
the
advent
of a
world
in
which human beings
shall
enjoy
freedom
of
speech
and
belief
and
freedom
from
fear
and
want
has
been pro-
claimed
as the
highest aspiration
of the
com-
mon
people,
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