Human Rights, Individual Rights and Collective Rights 7
arguing against the concept of collective human rights; the author largely
demonstrates that collective rights are but human rights exercised by
members of a collective group. Being refered to mostly as cultural rights, with
to establish the specificity of cultural/collective rights, Donnelly points out
human rights are valued primarily as claims against the community, whereas
cultural rights can be exercised only in ways that protect the group. He
that cultural/collective rights can be protected only by protecting the already
established civil, political and cultural rights.
J. Herman Burgers
The Function of
Human Rights as Individual and Collective Rights 33
After a short survey of the
growth and implementation of the idea of human rights,
Burgers explains that the main dimension of human rights is to protect
against the majority, according to the principle of equality. He conceives
rights as a way to exercise the human rights of the individual. Furthermore, he
some of the rights infer obligations, and while human rights belong to the ‘lex
the exercise (including collective rights) of human rights belongs to the ‘lex
He concludes that collective rights do not belong to groups and communities, in
same way that human rights do not belong to the state, therefore he sees no
argument against considering collective rights as belonging to human rights.
Collective Rights 45
article explores the differences among individual, group and collective rights
and contains examples of judicial cases of the USA, Canada, India, Norway, as
as of the International Law Fora, that demonstrate
that in practice collective rights
are recognized when representatives of the groups or communities are designated
further the respective goals. Furthermore, the Courts of Justice very often
to collective rights vs. individual rights, and although the doctrinal position
stress the individual rights, some recent decisions made by Australia, Canada,
the United States, and the UN Human Rights Committee, indicate a pattern of
acceptance of collective rights.
A “Good” Nationalism, a “Bad” Nationalism? 64
A debate organized by the Pro Europe League at the
premises of the Group for
Social Dialogue in Bucharest. Important political analists, writers and
were present, and the debate around the existence of a “good’’ nationalism vs.
“bad” one concluded that, although important concepts as “national identity”,
“cultural identity”, “multi-culturalism”, “localpatriotism” should be taken
account, the nationalist “good” or “bad” practice sweeps away the values of
Bodo — Cosmeanu — Mátéffy —Mărgineanu
Both Alter and Ego
as a Minority (Majority. Minority. Victimity) 80
The second part of the case
study of the four young sociologists of Timişoara is
focussed on the cultural status of the Rumanian and Hungarian communities ofTîrgu
Mureş, on the grounds of the
articles published between January and March 1990 by
the two most important dailies of the respective communities. The main point
by the analysis is that, paradoxically, owing to the cultural and historical
one cannot speak of a majority in the area, leaving aside the ‘number’
therefore both communities, openly or not, act as minorities.
The European Charter of
Regional or Minority Languages 93
Between Sincerity and Impressing the Council of Europe 107
A short commentary on the perspective of the
minorities in Romania, following the
future implementation of the Charter, clearly points out that no spectacular
could possibly follow in the legal field.
Sinagogues, Rabbis and the
Rabbinate Institution in the 18th C Banat 112
A description of the
beginning of cultural life of the Banat Jews, the establishment of
the Rabbinate in Timişoara and Banat, is historically viewed in the context of the
European Jewish migration.
Mihály Spielmann - Sebestyén
of the Transylvanian Jews at the End of the 18th C
(Opinio de Judaeis) 120
The article takes into consideration an important
document, though never put intopractice, nevertheless viewed as a symptom of the importance and role of the
Jews inthe social and economic Transylvanian life.
Considering the Specific Jewish Identity in Transylvania
between the Two World Wars 128
An essay on the historical involvement of
Transylvanian Jews in the political and
cultural life of the region, between the Wars. Although most Jews were viewed
Hungarians, Benjamin argues that they maintained their own cultural identity.
Who “Brought” the Communism in Romania? 136
A polemical essay arguing that, in the perspective of
the cliché that Jews, among
other minorities have been ‘scape-goats‘ for historical disasters, facts and
demonstrate that their role in the general landscape of the communist invasion
far less important than it is said to have been.
FACES OF EUROPE
Italy – The South Tyrol 147
Denmark. The German Minority of Denmark and
the Danish Minority in Germany 161
Both authors largely survey the historical background
and the solutions found inorder to solve the minorities problems in the three countries.
Religious Human Rights in Post — Communist
Balkan Countries 170
The text of a conference of the reputed editor of
the Journal of Ecumenical Studies,
focusses on Bulgaria
and the “religious” wars in former Yugoslavia, establishing
patterns of the clergy status and analysing the situation in the light
of post – communist
The Deportation of German
Ethnics from Romania in the Soviet Union (1945) 188
Roma/Gypsies: A European Minority, in MRGI Report, 4/1995 189
The REGIO Review — a
Prestigious Instrument for Concept Clarification191
National Minorities. Who Are
PRO EUROPE League
The PRO EUROPE League (Liga PRO EUROPA) is one of the most well-
known civic NGOs in Romania, founded in the Transylvanian town of Tîrgu-Mureş,
on December 30, 1989, immediately after the fall of Ceauşescu’s dictatorial
The PEL has become respected due to its involvment in promoting
rights, pluralism and multicultural values. From the very begining of the
tion the PEL has played a significant role in the political reality of Romania,
joining different civic movements and alliances committed to mobilize public
opinion against the restauration of the former communist structures. In the spe-
cific area of the multicultural society of Transylvania, the PEL has had a
role in monitoring discriminatory policies against minorities and in promoting
tolerance between Romanians and Hungarians, as a key issue for peace and demo-
cratic progress in Central Europe.
For more than six years, the PEL has organized an impressive number
workshops, seminars, round-table debates, summer camps, conflict resolution
missions and meetings for teachers, local authorities, judges, prosecutors,
dents, local, political and civic leaders.
The PEL is actively networking with other Romanian NGOs committed to
rebuilding the civil society and collaborates with European and American insti-
tutions and foundations.
The PEL has over 500 members, is mainly based in the Transylvanian
and has a branch in the town of Satu Mare. The PEL consists of five departments:
• The Human Rights Office, monitoring mainly minority rights abuses;
• The Center for Pluralism, promoting civic education at local and
• The Intercultural Center, initiating research on multiculturalism
tical approaches of this issue; it is also the department that publishes
racy brochures, the PEL newsletter and the ALTERA quarterly.
• The Women’s Group, aiming to promote women in the Romanian public
• The Environmental Group, aiming to stimulate a responsible attitude
These departments aim to mobilise local public opinion and
implementing democratic values.
Between November 1991 and September 1993, the PEL edited the „Gazeta
de Mureş” weekly, supporting democratic and pluralist
The PEL is member of the Centers for Pluralism network (initiated by
Washington, DC), having permanent connections with other NGOs from the
former communist block.
• Acest număr a fost realizat cu sprijinul Fundaţiilor Heinrich. Böll
(Germania), (EBEMO (Olanda) şi National Endowment for Democracy
U. A. ), cărora editorii le adresează mulţumiri.
• Opţiunile exprimate în
articolele publicate aparţin autorilor.
• Articolele nepublicate nu
se restituie autorilor
• Drepturile de publicare sînt rezervate.
Grafica: Mana Bucur
Tehnoredactare: László Zsolt Pápai
Culegere: Judit-Andrea Kacsó, Mihaela Ignat
Tipărit la S. O. LYRA S. R. L, tel. 065-165373
(c) Fundaţia Jakabffy Elemér, Asociaţia Media Index 1999-2006