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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 (eBook)


ISBN13: 9783032230454
Published: May 2026
Publisher: Springer International
Country of Publication: Switzerland
Format: eBook (ePub)
Price: £109.50
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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.

Subjects:
Human Rights and Civil Liberties, eBooks
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