Full Description
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.
Contents
Introduction.- Culture, cultural rights and the cultural dimension of human rights.- Part I: Human rights as defenders of cultural identity.- The right to enter or exit a culture.- The right to equality.- Respect of religious convictions, blasphemy, defamation of religion and anti-blasphemy extremism.- Language rights.- Educational rights.- Religious and cultural practices.- Collective dimensions of freedom of religion.- Private and family life as a cultural practice.- Participation in public life.- Right to exercise traditional economic activities.- Right to cultural heritage.- Part II: Human rights as restrictions to cultural identity.- Protecting the individual against cultural practices of the group.- Protecting the rights of others and the State's margin of appreciation.- Concluding remarks.
