Human Rights as 'Trumps' of Social Groups

This paper engages in an examination of legal forms which can be used in political and legal debates on the “individual goals” of social groups. If we accept the concept of “social group” as people united in pursuit of a particular aim, we can ask about ways to achieve these goals (and their defense) in public debate. How can a minority save their “individual goal” from the pressure of the “collective goal” behind which the majority stands? What type of legal construct might be used in constitutional debate to express and protect individual goals of social groups? An hypothesis that is going to be discussed in this paper points Ronald Dworkin's theory of (human) rights as “trumps”. This theory seems to provide axiological and practical tools of argumentation for overcoming utilitarian justifiable collective goals, opening up the space for constitutional protection of the individual goals of (minority) social groups.