Protection of national identity in the European Convention on Human Rights.: Notes on The background of the decision Aksu v. Turkey

Abstract

The article is a discussion of ethnic identity or national point of view of human rights in the region. Provisions of the European Convention on Human Rights and Fundamental Freedoms expressly relating to nationality come down to the prohibition of discrimination. However, the European Court of Human Rights seems more and more decisions in which the issue of ethnicity is in conjunction with violations of Convention rights. Aksu v. Turkey case is the exemplification of such a situation. In the judgment of the ECtHR referred to the scope of the positive obligations of the state under Article. 8 of the European Convention on Human Rights, involving the adoption of measures to protect ethnic minorities and against interference in the rights of other entities. Although in this particular case, the problem is with the right to privacy, it was considered in close connection with certain activities of the State and its response to the accusation and defamation of national identity.