This volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.
Dr. Dia Anagnostou is Senior Research Fellow at the Hellenic Foundation for European and Foreign Policy (ELIAMEP) in Athens and Lecturer of Politics at the Department of Balkan and Slavic Studies at the University of Macedonia in Thessaloniki. She has published on Southeast Europe, ethnic politics and European integration, minorities and human rights.
Dr. Evangelia Psychogiopoulou is Research Fellow at the Hellenic Foundation for European and Foreign Policy (ELIAMEP) in Athens. She is author of the book
The Integration of Cultural Considerations in EU Law and Policies (Martinus Nijhoff Publishers, 2008).
"Overall, this volume offers a landmark analysis of processes and forces that have contributed to shape the mechanisms for human rights protection of minorities and disadvantaged individuals and groups in the interface between national contexts and Europe’s supranational legal system. Moreover, the processes described and explained in this book also shed light more generally on the complex relationships between actors and institutions involved in the working of the European human rights regime, and provide elements to analyze the recent evolution of the ECtHR. A final consideration regards the impressive methodology that sustains the structure of this book. It is, in fact, an excellent example of how a wide collaborative project can result in a cohesive and well-integrated volume. The book is superbly well-edited, and one of its strengths is that the country studies are developed following a consistent methodological layout, which makes this work an extraordinary resource as well as a solid base for further cross-country comparative studies in the European context, as well as for comparison with the role of human rights courts in other regional settings."
European Journal of Legal Studies, Vol. 4, Issue 1 (Summer 2011), p.225-230.
Acknowledgments; Table of Cases;List of Contributors;
1. The Strasbourg Court, Democracy and the Protection of Marginalised Individuals and Minorities
2. Protecting Individuals from Vulnerable Groups and Minorities in the ECtHR: Litigation and Jurisprudence in Austria
Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner;
3. Protecting Individuals from Minorities and Other Vulnerable Groups in the European Court of Human Rights, Litigation and Jurisprudence: The Case of Bulgaria
4. Protecting Individuals from Minorities and Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in France
Emmanuelle Bribosia, Isabelle Rorive and Amaya Úbeda de Torres;
5. The Protection of Marginalised Individuals and Minorities in Germany: The Role of National and European Judicial Mechanisms
Christoph Gusy and Sebastian Müller;
6. The European Court of Human Rights in Greece: Litigation, Rights Protection and Vulnerable Groups
7. Protecting Individuals Belonging to Minority and Other Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in the Italian System
8. Protecting Marginalised Individuals and Minorities in ECtHR: Litigation and Jurisprudence in Turkey
9. The European Court of Human Rights in the UK: Litigation, Rights Protection and Minorities
Susan Millns, Christopher Rootes, Clare Saunders and Gabriel Swain;
The volume will be of interest to lawyers and academics who work on human rights and constitutional law, as well as to social science scholars more broadly, in particular from the fields of political science, social legal studies and European integration studies.