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Protecting Individuals Belonging To Minority And Other Vulnerable Groups In The European Court Of Human Rights: Litigation And Jurisprudence In The Italian System

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image of The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context

Chapter Summary

Italian case law at Strasbourg focuses on violations that reflect structural deficiencies of the domestic legal system such as length or fairness of proceedings, freedom of correspondence, and property rights. This chapter examines the role of the ECHR and the European Court of Human Rights (ECtHR) in promoting a culture of human rights in Italy, with reference to minorities and vulnerable groups. The second section of the chapter analyses the Italian level of protection of fundamental rights, the integration between the ECHR and the national system and, in general, the most significant ECtHR case law concerning the Italian state. The third section introduces Italian claims citing Articles 8-11 and 14 ECHR, other than cases concerning minorities and immigrants. The fourth section examines in detail the relevant cases, and the last section seeks to draw from the cases under review some conclusions on the ECHR's impact on Italian legal culture.

Keywords: ECHR; ECtHR; historical minorities; Italian legal system

10.1163/ej.9789004173262.i-241.44
/content/books/10.1163/ej.9789004173262.i-241.44
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