COMMENTARY ON THE JUDGMENT MOLLA SALI V. GREECE BY THE EUROPEAN COURT OF HUMAN RIGHTS: THE PROTECTION OF THE INDIVIDUAL AS A MEMBER OR NON-MEMBER OF A MINORITY

Aníbal Fernandes

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Abstract

The protection of Fundamental Rights also encompasses the safeguarding of Minority Rights, along with the issues and challenges such protection entails. Based on the judgment delivered by the European Court of Human Rights, this commentary reflects on several questions arising in the context of minority rights protection within the framework of the Council of Europe. Specifically, three core issues are addressed: (i) the protection of minorities under the European Convention on Human Rights; (ii) the protection of minorities through the application of a distinct legal regime; and (iii) the compatibility of such a distinct regime with the Convention itself. Through this analysis, we offer a critical discussion of the Court’s reasoning, while also highlighting open questions that the ECtHR could have further developed.

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ISSN: 2975-836X