Minoranze religiose e diritto internazionale: una questione culturale
Religious Minorities and International Law : a Question of Culture · This article addresses the problem of the effectiveness of the European Court of Human Rights (ecthr) and the United Nations Human Rights Committee (hrc) in protecting the right to religious freedom of national minorities, and ques...
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| Format: | Electronic Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Serra
2021
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| In: |
Il diritto ecclesiastico
Year: 2021, Volume: 132, Issue: 1/2, Pages: 159-186 |
| Standardized Subjects / Keyword chains: | B
Religious minority
/ International law
/ Religious freedom
/ Europäischer Gerichtshof für Menschenrechte
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| IxTheo Classification: | SA Church law; state-church law |
| Further subjects: | B
Religious Minorities
B Regionalism B Human Rights Committee B Freedom Of Religion B European Court of Human Rights |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | Religious Minorities and International Law : a Question of Culture · This article addresses the problem of the effectiveness of the European Court of Human Rights (ecthr) and the United Nations Human Rights Committee (hrc) in protecting the right to religious freedom of national minorities, and questions whether international law is the most appropriate instrument for the protection of religious minorities. The analysis of the ecthr’s and hrc’s respective case-law leads to conclude that the European Convention on Human Rights is de facto a better instrument for the protection of the rights of religious minorities. The thesis submitted in this article is that the ecthr proves to be more effective not in spite of it being a regional court (as opposed to the hrc, called to apply a global instrument such as the International Covenant on Civil and Political Rights – iccpr) but rather by virtue of its limited scope of application ratione loci. Indeed, the shared cultural elements amongst the echr member states allows the ecthr to vigorously intervene and influence the behaviour of the states subject to its jurisdiction, whereas the hrc almost limits itself to issuing authoritative interpretations of certain provisions of the iccpr, without really addressing the question of minorities before individual applicants. The common legal, political and social culture of the states of the Council of Europe, therefore, makes the regionalist option of the ecthr more appropriate to ensure full protection to individuals as well as minorities in matters of religious freedom. |
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| ISSN: | 2035-3545 |
| Contains: | Enthalten in: Il diritto ecclesiastico
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| Persistent identifiers: | DOI: 10.19272/202130802009 |