States are the protectors of civil rights. Civil rights are given to citizens only, to what Baumann describes as a deal. Since the state has the power to decide who receives citizenship, it also decides who receives civil rights. Group or community rights are supposed to provide balance when minorities civil rights are withheld. Community rights may benefit non-citizens, who do not have the benefit of civil rights.
Affirmative action is an example of community rights.
But with only community rights, institutions representing communities can force conformity, and individuals would only be recognized through these institutions. Takacs argues against essentializing community identifications. These arguments focus on actions that can be taken by individuals and communities. The next section looks at how democratic structures can help or hinder the protection of minority rights. This policy allows for national identity to be maintained at the cost of minority rights.