published by Verlag Österreich, 2024
This monograph sheds light on the role of collective rights as an instrument for the accommodation of collective identities and their challenges. Based on the fundamental rights of assembly, nationality and religion, the work analyses the development and functions of collective rights in Austria since 1848, examining the justification of these rights, the determination of collectives and their members, and the reconciliation of interests in the event of conflict.
The book develops a model of the gradual justification of collectives, ranging from objective-legal norms to collective rights that recognise collectives themselves as legal entities. The examination of case law reveals three central trends: collectivisation, individualisation and pluralisation. The work visualises the functions and risks of collective rights and shows how identity politics influences the relationship between identity collectives and the state. Finally, flexible legal instruments are recommended to protect these collectives in a pluralistic society without forcing identity politics through the law.