Rights of minorities: protection or imposition

Abstract

This article aims to demonstrate that Collective Rights are not Subjective Rights; therefore, they do not have prima facie relevance versus those principles that are considered by the First generation fundamental rights; nevertheless it does not mean they must not be protected; just to acknowledge that the rights viewed in abstract (from the law) do not equally belong to the individual man, who require differentiated solutions for specific cases. To reach this conclusion, an argument conceiving the first generation Fundamental Rights as Subjective Rights begins to be built. That is, they are the only eligible ones qualified by the subject who has the power to judicially require the provision consecrated in the legal normativity to a natural or legal entity, which has the duty to provide or perform due provision. Collective rights however, for belonging to a determined or undetermined community, while not linked to the violation of a first generation Fundamental Right, are not Subjective Rights, before this, its realization depends on the obligation imposed to an individual, the economic capacity of that one giving the provision of service and primarily, that its realization won´t endanger ones Fundamental Rights.