The collective rights of social, ethnic and other communities

In the last decade, first in the constitutional law of totalitarian socialism, and later in other major laws have become relatively well secured rights of various communities, collectives.

However, the first example was the position of the United States Declaration of Independence in 1776, which proclaimed the right of the people (in this case the American colonies of Great Britain) to resist oppressive government (meaning the Royal Government of the metropolis - the UK).

In African constitutions adopted after the fall of totalitarian regimes in the countries of the continent in 90 years, the collective right of the people to resist oppression undergone some refinement, reflecting the ideology of the modern era: the right to resistance through peaceful means, including civil disobedience campaign (Benin, Burkina Faso , Ghana, etc.).

In Germany, Slovakia, the above-mentioned provisions and have individual character: Every citizen shall have the right to resist anyone who tries to eliminate the democratic system, if other means can not be used.

In the constitutions of totalitarian socialism was the first to include a provision on the right of nations to self-determination up to secession. It took the form of constitutional provisions on the right of exit (secession), federal subject of the composition (in the totalitarian socialist federation entities created by the national-territorial basis).

In international law, this provision has been interpreted broadly - as the right of ethnic groups to shape their own destiny, to determine their own political system, a form of organization of life. With the collapse of the socialist federations of the right of secession has disappeared from the constitutions, but the constitution of Ethiopia in 1994 enshrines in its original form: it speaks of the right of nations, nationalities and peoples of Ethiopia's federal withdraw from the Group. We are talking about ethnic groups, but not about the states that are in Ethiopia are the subjects of the federation.

Since the constitution of Portugal in 1976, in the fundamental laws of some countries appeared normal on the Rights of the political opposition as a specific community (in the UK rules of this kind existed in the past on the basis of unwritten customs). The opposition has the right of access to all official documents of the Government, the right of reply in the government newspapers, the right to information, etc. In Brazil, according to the constitution in 1988, the leader of the opposition is compulsory a member of the Presidential Council of the Republic.

China's 1982 constitution provides for a certain collective right-privilege for urban residents, their pre-emptive right over the villagers to representation in elected collegial bodies of state power. This position is regarded as a measure to strengthen the influence of the working class in China - the country is mainly peasant.

In modern constitutions of many states other collective rights of the various social groups: workers, pensioners and children - in Brazil, women and children - in Ethiopia, and in many countries refers to the rights of young people, the unemployed, indigenous nationalities, consumer / disabled, etc. The collective character have other rights: to development, to peace, to a clean environment, since they can not only belong to any one individual.

Many other rights and freedom mentioned above also require collective use, can be realized only in a certain team. Such, for example, the right to strike (one worker, who refused the operation is not yet a striker).

Freedom of assembly, the right to protest, demonstrations are carried out collectively. Same collective rights can not be done individually. One person can not be the bearer of the right to self-determination of the ethnic group, the people's right to resist oppression need for collective action, one person, of course, be in opposition but the political opposition, as such, requires the creation of a specific

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Constitutional law

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