Lights and Shadows on the Protection of Minorities in the Europe of Rights*. Reflections in the margin of some judgments of the European Court of Human Rights

Abstract

From its earliest rulings, the European Court of Human Rights has upheld the need to protect the values of pluralism and multiculturalism as a fundamental condition for the realisation of a democratic society. It has consistently stated that a democratic society is based on the genuine recognition of and respect for diversity and has repeatedly stressed that the positive obligation of States to ensure the effective enjoyment of the rights and freedoms proclaimed in the European Convention on Human Rights is particularly relevant when the rights of persons belonging to minorities are at stake. Nonetheless, the Court itself has on several occasions failed to recognise and protect values related to the cultural and identity demands underlying the claims of persons belonging to minority groups, thereby reinforcing domestic majoritarianism rather than pluralism. The present paper addresses some critical issues that have emerged in the jurisprudence of the European Court of Human Rights dealing with applications brought by persons belonging to minorities