Authors: Cindy Holder, in Deen Chatterjee, ed.

Year: 2011

Springer Science & Business Media, pp. 534-538

From both a legal and theoretical point of view, then, the
salient question is not whether there can be collective
human rights, but how collective human rights should
be understood and adjudicated in relation to individualistic
ones. In the context of indigenous peoples’ rights to
land, the most pressing issues that arise from their being
collectively held are: which interests and capacities of the
persons who constitute an indigenous people establish
that people’s rights; how do a people’s human rights relate
to those of the persons who constitute it; and how do
a people’s human rights relate to the human rights of
other persons and peoples, both indigenous and
nonindigenous.

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