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Full Access The Strasbourg Court and Minority Groups: Shooting in the Dark or a New Interpretive Ethos?

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The Strasbourg Court and Minority Groups: Shooting in the Dark or a New Interpretive Ethos?

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Construed around the broad areas of pluralism, identity and non-discrimination, the contemporary jurisprudence of the European Court of Human Rights on minority groups reflects a view of the 1950 Convention which is arguably more complex than the one projected onto the European legal landscape at the time of its adoption. This article takes stock of past and recent trends and reflects on a range of fundamental questions which are likely to define the Court’s approach to the field. I argue that the Court’s persuasiveness will hinge on a modicum of methodology – a new interpretive ethos – as to how to handle relevant claims, and what is at stake when it comes to considering them.

Affiliations: 1: Professor (Reader), Director, Human Rights and International Law Unit University of Liverpool

10.1163/157181112X620519
/content/journals/10.1163/157181112x620519
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Construed around the broad areas of pluralism, identity and non-discrimination, the contemporary jurisprudence of the European Court of Human Rights on minority groups reflects a view of the 1950 Convention which is arguably more complex than the one projected onto the European legal landscape at the time of its adoption. This article takes stock of past and recent trends and reflects on a range of fundamental questions which are likely to define the Court’s approach to the field. I argue that the Court’s persuasiveness will hinge on a modicum of methodology – a new interpretive ethos – as to how to handle relevant claims, and what is at stake when it comes to considering them.

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/content/journals/10.1163/157181112x620519
2012-01-01
2016-12-03

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