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Chapter Summary

The extent to which general human rights categories are being used to the benefit of minority groups represents an important way of looking at the actual or potential role of judicial discourse in relation to minority protection. In this sense, judicial protection can be conceptualised on two basic levels. First, judicial discourse points to indirect protection against interference in those elementary spaces of freedom that are vital to the articulation of minority demands and assertion of minority identity. Second, judicial discourse can provide direct yet implicit protection of certain aspects of minority identity taken separately. In the remainder of the chapter, areas such as private and family life, property or non-discrimination will exemplify this line.

Keywords: human rights; indirect protection; spaces of freedom



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