Individual and group rights in the context of "Aboriginal title"

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⭐ Core Definition: Individual and group rights

Individual rights, also known as natural rights, are rights held by individuals by virtue of being human. Some theists believe individual rights are bestowed by God. An individual right is a moral claim to freedom of action.

Group rights, also known as collective rights, are rights held by a group as a whole rather than individually by its members. In contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.

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👉 Individual and group rights in the context of Aboriginal title

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.

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Individual and group rights in the context of Minority rights

Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. In modern liberal democracy, the protection of minority rights is the main principle.

Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States).

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Individual and group rights in the context of Constitution of 1857

The Political Constitution of the Mexican Republic of 1857 (Spanish: Constitución Política de la República Mexicana de 1857), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent Congress of Mexico during the presidency of Ignacio Comonfort. Ratified on February 5, 1857, the constitution established individual rights, including universal male suffrage, and others such as freedom of speech, freedom of conscience, freedom of the press, freedom of assembly, and the right to bear arms. It also reaffirmed the abolition of slavery, debtors' prisons, and all forms of cruel and unusual punishment such as the death penalty. The constitution was designed to guarantee a limited central government by federalism and created a strong national congress, an independent judiciary, and a small executive to prevent a dictatorship. Liberal ideals meant the constitution emphasized private property of individuals and sought to abolish common ownership by corporate entities, mainly the Catholic Church and indigenous communities, incorporating the legal thrust of the Lerdo Law into the constitution.

A number of articles were contrary to the traditional powers of the Catholic Church, such as the ending of Catholicism as official religion, the nationwide establishment of secular public education, the removal of institutional fueros (legal privileges), and the forced sale of Church property. Conservatives strongly opposed the enactment of the constitution, which polarized Mexican society. The Reform War (1858-1860) began as a result, with liberals winning on the battlefield over conservatives. The losing conservatives sought another way back into power, and their politicians invited Maximilian I of Mexico, a Habsburg, to establish a Mexican monarchy with the Church's support. The republican government-in-domestic-exile was headed by President Benito Juárez as the legitimate Mexican government under the constitution. With the ouster of the French and the defeat of the conservatives in 1867, the Restored Republic was again governed under the 1857 Constitution. The constitution was durable but its provisions not always followed in practice. It was revised in 1874 to create a Senate. It remained as Mexico's constitution until 1917 although many of its provisions ceased to be enforced.

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Individual and group rights in the context of Constitution of Japan

The Constitution of Japan is the supreme law of Japan. Written primarily by American civilian officials during the occupation of Japan after World War II, it was adopted on 3 November 1946 and came into effect on 3 May 1947, succeeding the Meiji Constitution of 1889. The constitution consists of a preamble and 103 articles grouped into 11 chapters. It is based on the principles of popular sovereignty, with the Emperor of Japan as the symbol of the state; pacifism and the renunciation of war; and individual rights.

Upon the surrender of Japan at the end of the war in 1945, Japan was occupied and U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars for the task, but MacArthur reversed course in February 1946 and presented a draft created under his own supervision, which was reviewed and modified by the scholars before its adoption. Also known as the "MacArthur Constitution", "Post-war Constitution" (戦後憲法, Sengo-Kenpō), or "Peace Constitution" (平和憲法, Heiwa-Kenpō), it is relatively short at 5,000 signs, less than a quarter the length of the average national constitution if one compares it with constitutions written in alphabetical word-based languages.

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Individual and group rights in the context of Thomas Jefferson

Thomas Jefferson (April 13 [O.S. April 2], 1743 – July 4, 1826) was an American Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the Declaration of Independence. Jefferson was the nation's first U.S. secretary of state under George Washington and then the nation's second vice president under John Adams. Jefferson was a leading proponent of democracy, republicanism, and natural rights, and he produced formative documents and decisions at the state, national, and international levels.

Jefferson was born into the Colony of Virginia's planter class, dependent on slave labor. During the American Revolution, Jefferson represented Virginia in the Second Continental Congress, which unanimously adopted the Declaration of Independence. Jefferson's advocacy for individual rights, including freedom of thought, speech, and religion, helped shape the ideological foundations of the revolution. This inspired the Thirteen Colonies in their revolutionary fight for independence, which culminated in the establishment of the United States as a free and sovereign nation.

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Individual and group rights in the context of Jeremy Bentham

Jeremy Bentham (/ˈbɛnθəm/; 4 February 1747/8 O.S. [15 February 1748 N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.

Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong". He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolition of slavery, capital punishment, and physical punishment, including that of children. He has also become known as an early advocate of animal rights. Though strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights (both of which are considered "divine" or "God-given" in origin), calling them "nonsense upon stilts". However, he viewed the Magna Carta as important, citing it to argue that the treatment of convicts in Australia was unlawful. Bentham was also a sharp critic of legal fictions.

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Individual and group rights in the context of Andrei Sakharov

Andrei Dmitrievich Sakharov (Russian: Андрей Дмитриевич Сахаров; 21 May 1921 – 14 December 1989) was a Soviet physicist and a Nobel Peace Prize laureate, which he was awarded in 1975 for emphasizing human rights around the world.

Although he spent his career in physics in the Soviet program of nuclear weapons, overseeing the development of thermonuclear weapons, Sakharov also did fundamental work in understanding particle physics, magnetism, and physical cosmology. Sakharov is mostly known for his political activism for individual freedom, human rights, civil liberties and reforms in the Soviet Union, for which he was deemed a dissident and faced persecution from the Soviet establishment.

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