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Recent Case Law of the European Court of Human Rights Concerning the Protection of Minorities (August 2006-December 2007)

Recent Case Law of the European Court of Human Rights Concerning the Protection of Minorities... Leto Cariolou* I. Introduction The present article is an overview of the Court's jurisprudence that touched upon minority issues and was delivered within the period under examination. It is important to note that the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not contain any specific minority rights provisions, unlike Article 27 of the International Covenant on Civil and Political Rights. It does, however, guarantee individual rights, the effective protection of which is essential for the preservation of the distinctiveness and development of minority groups. It also prohibits in its Article 14 any form of discrimination in the enjoyment of the rights and freedoms recognized in the Convention on grounds that include discrimination on the basis of association with a national minority. The definition of minorities falls outside the scope of this article. However, it is noted that the cases referred to will deal with issues concerning groups and, primarily, their members that have experienced discrimination by the state or its citizens because of their ethnic, national, racial, religious or linguistic characteristics or ancestry. I will examine first the issue of equality of opportunity in education which, in my view, deserves to be http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Recent Case Law of the European Court of Human Rights Concerning the Protection of Minorities (August 2006-December 2007)

European Yearbook of Minority Issues Online , Volume 6 (1): 409 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright 2008 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
DOI
10.1163/22116117-90000079
Publisher site
See Article on Publisher Site

Abstract

Leto Cariolou* I. Introduction The present article is an overview of the Court's jurisprudence that touched upon minority issues and was delivered within the period under examination. It is important to note that the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not contain any specific minority rights provisions, unlike Article 27 of the International Covenant on Civil and Political Rights. It does, however, guarantee individual rights, the effective protection of which is essential for the preservation of the distinctiveness and development of minority groups. It also prohibits in its Article 14 any form of discrimination in the enjoyment of the rights and freedoms recognized in the Convention on grounds that include discrimination on the basis of association with a national minority. The definition of minorities falls outside the scope of this article. However, it is noted that the cases referred to will deal with issues concerning groups and, primarily, their members that have experienced discrimination by the state or its citizens because of their ethnic, national, racial, religious or linguistic characteristics or ancestry. I will examine first the issue of equality of opportunity in education which, in my view, deserves to be

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2006

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