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Freedom of expression in the field of minority issues with emphasis on the European Court of Human Rights
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Abstract: (539 Views) |
| The presence of national, religious, racial and linguistic minorities is an undeniable fact that has been in the territory of many countries for centuries. Attention to the rights of these minorities as an integral part of human rights begins in the 20th century and reaches its peak with the adoption of the United Nations Charter. The right to equality with the majority, the right to enjoy a healthy environment, the right to communicate with other minorities, the right to participate in the administration of the area where you live, the right to voluntarily assimilate with the majority of the country's population... be recognized for all minorities living in a country. The right to freedom of expression is one of the conditional rights and one of the general rights of minorities, which has been approved in many international and regional human rights documents. The main question of the current research is How has the European Court of Human Rights interpreted the right to freedom of expression in the field of minority issues in the above cases? The present research was written with a descriptive-analytical method and using library and internet sources. The author's hypothesis is that the judicial procedure of the court is such that in every lawsuit, according to the events and circumstances related to the lawsuit, it refers to the margin of discretion of the governments and has determined its limits and loopholes. In other words, the term "margin of discretion" gives freedom of action to governments in examining the facts and circumstances of each case and matching it with their human rights obligations and allows them to act according to their discretion. |
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| Keywords: Freedom of expression, minority, conditional rights, general rights, margin of discretion |
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Full-Text [PDF 546 kb]
(138 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/08/4 | Published: 2023/12/6
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