The Limits of Pluralism - Recent Jurisprudence of the European Court of Human Rights with Regard to Minorities: Does the Prohibition of Discrimination Add Anything?

Abstract

Since the mid-1990s, the European Court of Human Rights has had before it a number of cases concerning the situation of minorities under Article 14 of the European Convention for the Protection of Human Rights - which aims to secure the enjoyment of rights and freedoms without discrimination inter alia on grounds of association with a national minority. At present, the number of similar cases pending before the Court is growing. Through an examination of cases concerning mainly the nexus between Article 11 and Article 14 as well as Article 8 and Article 14, this article seeks to identify a number of problematic aspects of the jurisprudence of the Court. This, the author argues, includes uncertainty as to when and why the Court chooses to examine Article 14; issues of cumulative violations; issues of evidence; the questionable principle of prevention; issues of indirect discrimination and last, but not least, the potential benefits of the entry into force of Protocol No. 12. To address these problems, the author concludes that there is a need for greater coherency in the positions adopted by the Court with respect to minority issues as well as a need for more legal research.

Keywords

• pluralism
• minority rights
• jurisprudence
• European Court of Human Rights
• non-discrimination