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The Protection Of Marginalised Individuals And Minorities In Germany: The Role Of National And European Judicial Mechanisms

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Chapter Summary

This chapter explores the human rights protection afforded to marginalised individuals and minority groups in Germany. The first part of the chapter depicts the domestic protection system, and the role of the ECHR and ECtHR judgments within it. The second part identifies the marginalised individuals and minorities in Germany who claim protection under the ECHR, and analyses the reasons for them doing so. With regard to issues raised by individuals from vulnerable and minority groups in the German context, the chapter focuses on asylum seekers, residence permits for migrants, expulsion of migrants, discriminatory legislation concerning foreigners in criminal court proceedings, mentally handicapped persons, politically active civil servants, and cases relating to the right of freedom of religion. Finally, the chapter examines the impact of ECtHR judgments on the protection afforded to the individual claims under focus, as well as on legal awareness and practice domestically.

Keywords: asylum seekers; ECHR; ECtHR; German legal system; minority groups



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