Group-Differentiated Rights: Individual versus the Group

Abstract

Group-differentiated rights, such as self-government, cultural accommodations, and identity recognition, remain highly debated in Canada. While these rights are often seen as essential for fostering equality and protecting minority groups from discrimination, they also raise complex challenges when they intersect with individual rights and broader societal norms. This essay argues that group-differentiated rights are crucial for ensuring fairness and inclusion within a multicultural society, particularly by affirming the identities of marginalized communities. At the same time, it acknowledges the risks posed when such rights unintentionally harm individuals or create internal hierarchies within minority groups. This essay explores both the benefits and limitations of group-differentiated rights, emphasizing the importance of applying them in ways that balance respect for cultural difference with the protection of individual security and dignity. By navigating these tensions thoughtfully, Canada can uphold its commitment to multiculturalism while promoting a more inclusive and equitable society.