Minorities, Identities and the Law: What It Takes to Be Recognized and Protected on Both National and Supra-National Levels

P. 253–274.

Belyaeva N. Y., Rajhans S. K.

As we can see that on the issues of the identity and the question for reinforcing the multi identity social space, the capacity of the law is not universal and in many a cases it does not bring the desired results. In some cases it brings the very unwelcome results in even the tolerant societies which does not appreciate their civilizaitonal and cultural platform being threatened either by the newly arrived minorities or by the long established minorities with certain clouts and disproportionate levers of power both political and economic. The ideational space that creates the condition of mutual exclusivity which further gets aggravated in the name of protecting the cultural and identity  of the minority rights through legal mechanism has to be further cemented and substantiated through civil and cultural engagements. One of the necessary components is to work on the preparation of the civil and educational common identity platform where one identity is not annulling the other identity or not mutually exclusive but creates the condition where the multilayered formation of the macro identity, the minorities identity  questions are co- habituated. In nutshell, one can safely surmise that though the legal tools and the norms are the basic minimum for the rights of the minorities being safeguarded, in many a cases it further complicates and in few cases it aggravates the whole objective for which these laws and regulations have been established

Keywords: identity, international human rights law, minorities, European Court for Human Rights, European Convention on human rights

In book

The European Convention on Human Rights and the Principle of Non-Discrimination

Napoli: Editoriale Scientifica, 2017.