The truth is out: implicit discrimination has become explicit in the case of association of people of Silesian nationality v Poland

The paper analyses the interplay between freedom of association and the prohibition of discrimination in the light of the recent decision of the European Court of Human Rights in the case Association of People of Silesian Nationality (in Liquidation) v Poland. The paper asks whether the violation of...

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Bibliographic Details
Authors: Muś, Anna (Author) ; Iwan-Sojka, Dominika (Author)
Format: Electronic Article
Language:English
Published: 2025
In: Human rights review
Year: 2025, Volume: 26, Issue: 1/2, Pages: 77-96
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Keywords:
Discrimination
freedom of association
Ethnic group
Nationality
Cinderella right
Upper silesia
Description
Summary:The paper analyses the interplay between freedom of association and the prohibition of discrimination in the light of the recent decision of the European Court of Human Rights in the case Association of People of Silesian Nationality (in Liquidation) v Poland. The paper asks whether the violation of Article 11 (freedom of association) of the European Convention on Human Rights and Fundamental Freedoms of 1950 can further amount to a violation of Article 14 (prohibition on discrimination) of this Convention. It concludes that, by limiting the examination of the application exclusively to Article 11, based on procedural economy, the court misses an opportunity to confirm that discrimination on the basis of social (ethnic) origin applies also to non-dominant ethnic groups, even those not recognised by the state as minorities. These findings can be useful for harmonising the protection of non-dominant groups which meet domestic obstacles in performing their rights.
Item Description:Literaturverzeichnis: Seite 93-96
ISSN:1874-6306
DOI:10.1007/s12142-025-00742-1