Collective redress mechanisms in minority protection
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Date
2023
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Publisher
Inderscience Publishers
Abstract
During the development of law, it is increasingly acknowledged that the protection of minority rights can be realised effectively if the legislator takes into account those groups of people who, due to their nationality, social disadvantage or other reasons, may suffer prejudice as a whole, which is reflected at the level of individuals, too. Normativity does not only mean the obligation to establish and setup institutions for the protection of minority rights, but also to develop them to guarantee instruments protected by law. An important conclusion of this study: the matter of joint litigation could be extended to the litigations concerning the enforcement of personality rights related to belonging to a community. Such extension would not only facilitate the closing of similar parallel litigations but also access to justice since collective litigations could break down those economic or sociological barriers due to which certain litigations would not even be initiated.