The European Court of Human Rights and the Protection of National Minorities: Are We There Yet?

Abstract

This article highlights the most significant and recent developments concerning the protection of national minorities in the jurisprudence of the European Court of Human Rights (hereinafter ‘the Court’ or ECtHR). The examination of this development focuses on political, cultural, and social participation; education and language rights under Articles 8, 10, 11, and 2 Protocol No. 1 to the European Convention on Human Rights (hereinafter ‘the Charter’ or ECHR), which are amongst the most important rights for members of national minorities. The critical analysis includes controversial judgments such as Gorzelik and Others v. Poland and D.H. and Others v. the Czech Republic. Furthermore, the paper draws a comparison between the ECHR and other instruments, such as a potential additional protocol to the ECHR and the Framework Convention for the Protection of National Minorities (hereinafter ‘Framework Convention’ or FCNM).