Ganty, Sarah Author aut Kochenov, Dimitry Vladimirovich Author aut (orcid)0000-0001-9266-1188 Nugraha, Ignatius Yordan Author aut (orcid)0000-0002-0807-5141 Text xx# 2023 Verfassungsblog 2023-12-21 eng

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In two recent Latvian cases concerning the Russian-speaking minority decided respectively in September and November 2023, the ECtHR made clear that protection of constitutional identity has now been elevated to a legitimate aim for a differential treatment under the Convention. This post explores how the protection of constitutional identity has been deployed to enable a collective punishment by association with a former occupier, and how the ECtHR’s reasoning has effectively endorsed such a punishment, which is unbefitting of a liberal democratic system the ECHR aspires to represent. Until the three cases were decided, no liberal European democracy could argue without losing face that suppressing a large proportion of its population was its constitutional identity – one of the goals of its statehood. Today, this claim is seemingly kosher, marking a U-turn in the understanding of what the European human rights protection system is for minorities in Europe. CC BY-SA 4.0 Ganty, Sarah Constitutional Identity European Court of Human Rights Minority Protection minority rights Proportionality 342 https://verfassungsblog.de/constitutional-identity-vs-human-rights/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/55184a96adabe0b0 231221 10.59704/55184a96adabe0b0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)