ECHR: an analysis from perspectives of inclusion and the recognition of differences in identity

• Main Author: Vanessa Capistrano Ferreira
• Format: Article
• Language: English
• Published: Universidade Federal de Santa Catarina 2018-12-01
• Series: Em Tese
• Subjects: ECHR; Inclusion; Recognition; Emancipation
• Online Access: https://periodicos.ufsc.br/index.php/emtese/article/view/51571

Based on a factual analysis of cases of racism (Article 14 of the ECHR) tried by the European Court of Human Rights, this study seeks to identify the current limits to the promotion of social inclusion and the recognition of differences in Europe. Within the perspective of Jürgen Habermas's Reconstructive Theory of Law and Axel Honneth's Theory of Recognition, we are able to dispute the supposedly exclusivist application of human rights in Europe through the exposure of jurisprudential failings, which have substantially compromised their effectiveness and democratic legitimacy within the social sphere. We will also argue for the consequences of a system of rights put into effect and legitimized by the particularistic means of a majority-Western culture that hides the arbitrariness and oppression to which continually inferiorized groups not included in modern law are subjected.