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European Court of Human Rights: an analysis from the perspective of inclusion and recognition of identity differences

Grant number: 15/04252-0
Support type:Scholarships in Brazil - Doctorate
Effective date (Start): February 01, 2016
Effective date (End): September 30, 2018
Field of knowledge:Humanities - Political Science
Principal Investigator:Tullo Vigevani
Grantee:Vanessa Capistrano Ferreira
Home Institution: Faculdade de Filosofia e Ciências (FFC). Universidade Estadual Paulista (UNESP). Campus de Marília. Marília , SP, Brazil

Abstract

From the analysis of the cases of intolerance and racism (article 14 European Court on Human Rights) judged by the European Court of Human Rights, this work aims to identify the current limits for both the promotion of social inclusion and the recognition of identity differences in Europe. Using the Reconstructive Theory of Law by Jürgen Habermas and the Theory of the Struggle for Recognition by Axel Honneth, it will be possible to refute the exclusive application of human rights in Europe, with the exposure of its jurisprudential gaps, which significantly impairs, its effectiveness and democratic legitimacy in the social scope. Also, there will be considerations about the side effects of a system of rights carried out and legitimated majority by occidental culture, which silences the arbitrariness and oppression of minority groups, which are constantly inferiorized and not included in modern law. Finally, the egalitarian law of the democratic State will also be questioned, in order to overcome its vicissitudes in the international extent in the light of possible emancipatory achievements at the present time.

Academic Publications
(References retrieved automatically from State of São Paulo Research Institutions)
FERREIRA, Vanessa Capistrano. Tribunal Europeu dos Direitos Humanos : uma análise a partir das perspectivas de inclusão e do reconhecimento das diferenças identitárias. 2019. 252 f. Doctoral Thesis - Universidade Estadual Paulista (Unesp) Faculdade de Filosofia e Ciências, Marília..

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