Religious Pluralism and State- Centric Legal Spaces in Europe

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

North Macedonia’s Language Law of 2018

In 2019, a new law regulating the use of languages other than Macedonian entered into force in North Macedonia. Language issues have always been a hot topic in North Macedonia and one capable of stirring controversial debate, especially between the Albanian- and the Macedonian- speaking population. This is also the case for this most recent piece of legislation. The present article discusses initially the constitutional and political background to the adoption of the law. It then analyses some of the most disputed aspects of the law. Most of them relate to the broader issues of democracy and rule of law as well as the balance with other human rights.

Participation, Citizenship and Transfrontier Exchanges—2019

This article summarizes developments in the protection of minorities in Europe in the areas of participation, citizenship and transfrontier exchanges during 2019. It includes developments at the UN level, in addition to regional developments under the auspices of the Organization for Security and Co- operation in Europe (OSCE), the Council of Europe (CoE) and the EU.

When the Dam Breaks

This article provides an overview of the key events in Catalonia during 2019. In order to put the events in context, the article begins with a brief overview of the recent history of Catalonia and its relationship with the rest of Spain. Particular attention is placed on the events of 2014 through 2017 and, in particular, the second unauthorized referendum and its aftermath. The article then focuses on the protests, counter- protests and clashes with the police that followed the sentencing of Catalonian officials in October 2019. The article concludes with an examination of the lack of role the European Union has had on this conflict and minority issues generally and what this all means for Spain and Catalonia moving forward.

Recognizing Religious Minority Rights

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

Cultural Activities/Facilities and the Media

This article reviews the 2019 international developments related to cultural activities and facilities as well as issues concerning media in the context of European minorities. Among the highlights are the preliminary views delivered by the UN Human Rights Committee concerning the cultural autonomy of the Sami indigenous peoples in Finland in Sanila-Aikio v. Finland and Käkkäläjärvi et al. v. Finland, the 2019 International Year of Indigenous Languages, and the EU Council Recommendation on a comprehensive approach to the teaching and learning of languages. The theme of biand multilingual education is enhanced within UNESCO, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, and the EU.