ABSTRACT

Ethnoculture minorities around the world are demanding various forms of recognition and protection, often in the language of "group rights." Many commentators see this as a new and dangerous trend that threatens the fragile international consensus on the importance of individual rights. In many cases, group rights supplement and strengthen human rights, by responding to potential injustices that traditional rights doctrine cannot address. But in other cases, liberal states must tolerate unjust practices within a minority group. Drawing the line between the bad and the intolerable is one of the thorniest issues liberal democracies face. The chapter looks at the relationship between group and individual rights in the context of the claims of indigenous peoples in North America. In both the United States and Canada, these peoples have various group rights. For example, they have rights of self-government, under which they exercise control over health, education, family law, policing, criminal justice, and resource development.