Justice of the Right to Identity

The question seems almost absurd is it just to have a right to identity The immediate response is Of course it is just. Or maybe it is simply unthinkable to be without an identity. In order to confirm this spontaneous answer we need to go back into the original position and consider the Rawlsian criteria. We also need to be aware that there is an individual identity and a collective identity. 

Pre-Set Values None of the pre-set values is threatened by a right to identity. Democracy thrives on differences. Democracy can be viewed as the process or the tool that manages differences yet is output oriented. Individuals can have many different identities and identify with many different ideas. Regarding identity and human rights, those two sometimes have a strenuous relationship in practice. This is 

Individual Freedom The right to individual identity is very closely connected with individual choice. A person does not need to be restricted to only one identity. Surroundings influence identity. In the end, it is up to each person to find his or her own identity. Regarding collective identity, as in minority identity, one needs to be careful not to impose an identity on the minority members. This is legally countervailed by the possibility to choose whether one wants to be treated as a member of a minority or not. Lack of minority identity is only one of many possible reasons to choose not to be treated as a member of a certain minority however, it is certainly a valid reason. The right to have an identity does not prescribe the nature of the identity. This is up to the individual person to decide. 

The Copenhagen Document exphcitly states that it is an individual choice to belong to a minority. The Framework Convention takes a slightly different approach and says members of minorities can choose whether to be treated as such or not. Art. 3 (1) of the UN Minority Declaration implies this choice by using the words persons belonging to minorities may exercise their rights.. 

Individual Best Interest The question to consider here is whether it is in the personal interest of everyone to have the right to identity. It is difficult to find a scientifically proven answer, but who would we be without an identity It seems evident that it is in every individual s best interest to have an identity. Our identity, though it can change, stays with us. It is difficult to understand the existence of human beings without identity. 

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