PLURALISM AND DEMOCRACY UNDER THREAT: A CALL FOR THE EUROPEAN COURT OF HUMAN RIGHTS TO TAKE CULTURAL CLAIMS SERIOUSLY

Pluralism and multiculturalism are fundamental values in European democracies. However, in recent decades, these values have been increasingly threatened by the resurgence of populism throughout European States. Emphasizing the importance of pluralism in a democratic society, the European Court of Human Rights (ECtHR) has consistently advocated for protecting these values. While populist ideologies glorify the majoritarian principle by assuming that the will of the majority represents the will of the people, the ECtHR is used to stress the need of striking a proper balance between the views of the majority and the claims of minority groups. Indeed, acknowledging that ‘the people’ is not a homogeneous entity – as populists pretend it to be -, the ECtHR asserts that a democratic society stands on the genuine recognition and respect for diversity, encompassing the dynamics of cultural traditions, ethnic and cultural identities, religious beliefs, as well as artistic, literary, and socioeconomic ideas and concepts; moreover it points out that States’ positive obligation to secure the effective enjoyment of the Convention rights and freedoms is especially relevant for persons holding unpopular views or belonging to minorities. However, the same Court on several occasions stopped short of granting recognition to non-majoritarian values, thereby reinforcing domestic majoritarianism, instead of pluralism. In my paper I contend that to counteract democratic distortions brought about by populism, the ECtHR should pay more attention to exclusionary side effects that the accommodation of non-dominant normative and cultural claims based on some commonly used arguments, such as neutrality and integration, can engender.