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PDF - Intercultural Dialogue in the Framework of European Human Rights Protection (White Paper Series - Volume 1) (2010)
This report analyses the jurisprudence of the European Court of Human Rights in terms of the promotion of cultural diversity, as championed by the Council of Europe particularly through its "White Paper on Intercultural Dialogue" (2008). The Court's views on the governance principles and preconditions of intercultural dialogue - and particularly the case law on freedom of thought, conscience and religion, freedom of expression and freedom of association and assembly - provide guidelines for politicians, academics and practitioners alike.
Preface
I. Introduction
A. Intercultural dialogue and the role of the European Court of Human Rights
B. Chances and risks of cultural diversity - Avoiding cultural relativism
C. Structure of the case law analysis
II. Theoretical principles of the ECHR for managing cultural diversity
III. Methods of the ECHR for managing cultural diversity
A. The "evolutive interpretation" of the Convention
B. Reference to comparative law and relevant international law
C. Reference to the "margin of appreciation" doctrine
IV. Conditions of intercultural dialogue
A. Democracy
B. Rule of law
C. Equal dignity and equal enjoyment of rights
V. Main articles related to intercultural dialogue
A. Article 9 - Freedom of thought, conscience and religion
B. Article 10 - Freedom of expression
C. Article 11 - Freedom of association and assembly.
VI. Levels of intercultural dialogue
VII. Conclusion
Annex I
List of judgments and decisions
Annex II
Bibliography
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