Case-Law of the European Court of Human Rights Concerning the Protection of Minorities, July 2012 to August 2014

Bowring, Bill (2015) Case-Law of the European Court of Human Rights Concerning the Protection of Minorities, July 2012 to August 2014. In: Hofmann, R and Marko, J. (eds.) European Yearbook of Minority Issues. European Yearbook of Minority Issues 12. Leiden, The Netherlands: Brill, pp. 119-220. ISBN 9789004306134.

Abstract

This article highlights a number of interesting and significant cases concerning minority rights at the Strasbourg Court during the recent period of just over two years. The issues include the continuing deadlock in enforcing the Court’s controversial antidiscrimination judgment in Sejdić and Finci v. Bosnia and Herzegovina; a new emphasis on and attention to social and economic rights as protected by the Revised Social Charter in the context of forced evictions; the Court’s expanding jurisprudence on the positive duties of the state; the fascinating Slovenian case on the fate of the “erased;” and a continuing focus on discrimination against Chechens as part of the Court’s recent return to a focus on the long-neglected Article 14 of the Convention. The article concludes by summarising a new scholarly interpretation of minority rights through the concept of vulnerability.

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