The Rights of Cultural Identity in the Case Law of the European Court of Human Rights
In Search of a Fair Balance between Multiple Diversities, European Values and State Interests
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Beschreibung
The book explores the links between fundamental rights and cultural identity in the European legal order especially in the case law of the European Court of Human Rights. The book analyses the issues surrounding the relationship between cultural diversity and fundamental rights with special emphasis on cultural rights and their protection in the European legal order. The book addresses general fundamental rights questions such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, several cases are discussed in which human rights were invoked to protect cultural interests of minorities in the European Court of Human Rights. Individual and collective dimensions of fundamental rights are also taken into consideration. Also, the book explores the cases were human rights are invoked in order to protect individual from cultural practices which are considered harmful or against public order, public morals, public healthor the rights of others.
The book provides a comprehensive overview of the case law of the ECHR on issues related to cultural identity and proposes a human rights framework for the management of cultural diversity in multi-cultural societies based on the case law of the European Court of Human Rights.
The book explores the links between fundamental rights and cultural identity in the European legal order especially in the case law of the European Court of Human Rights. The book analyses the issues surrounding the relationship between cultural diversity and fundamental rights with special emphasis on cultural rights and their protection in the European legal order. The book addresses general fundamental rights questions such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, several cases are discussed in which human rights were invoked to protect cultural interests of minorities in the European Court of Human Rights. Individual and collective dimensions of fundamental rights are also taken into consideration. Also, the book explores the cases were human rights are invoked in order to protect individual from cultural practices which are considered harmful or against public order, public morals, public healthor the rights of others.
The book provides a comprehensive overview of the case law of the ECHR on issues related to cultural identity and proposes a human rights framework for the management of cultural diversity in multi-cultural societies based on the case law of the European Court of Human Rights.
Explores the links between fundamental rights and cultural identity Provides an overview of the ECHR case law on issues related to cultural identity Addresses general fundamental rights questions
Autor*in
Nikolaos Gaitenidis
Themen in »The Rights of Cultural Identity in the Case Law of the European Court of Human Rights«
religious freedom the right to private and family life right to education language rights ECHR cultural diversity cultural identity non-discrimination margin of appreciation