The Judicial Narrative of the European Court of Human Rights on Inclusion and Diversity in Education
The Judicial Narrative of the European Court of Human Rights on Inclusion and Diversity in Education

Author(s): Benilde Moreira
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Human rights; Inclusion; Non-discrimination
Summary/Abstract: This article aims to present a study of the judicial arguments of the European Court of Human Rights (ECtHR) in the field of cultural diversity and inclusion concerning education. Analyzing the justificatory arguments of the judgments allows us to understand and delimit strategic frameworks for the implementation of public policies for the inclusion of minorities in the advancement of current educational systems, contributing to the consolidation of their human rights. It analyzes the application of Article 14 of the European Convention on Human Rights. The arguments arising from the application of this principle are addressed from the point of view of cultural diversity, analyzing the institutional difficulties and subtleties of institutional discourses that are often discriminatory based on race or ethnic origin. Arguments from the cases judged by the ECtHR are listed, highlighting the grounds that support positive action with the aim of advancing the effective protection of minorities, especially in education. It is claimed that arguments stemming from the principle of non-discrimination contribute to deepening concrete policies for the inclusion of minorities and that it is necessary to overcome the hesitations of institutionalized discourses.

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