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In two recent Latvian cases concerning the Russian-speaking minority decided respectively in September and November 2023, the ECtHR made clear that protection of constitutional identity has now been elevated to a legitimate aim for a differential treatment under the Convention. This post explores how the protection of constitutional identity has been deployed to enable a collective punishment by association with a former occupier, and how the ECtHR’s reasoning has effectively endorsed such a punishment, which is unbefitting of a liberal democratic system the ECHR aspires to represent. Until the three cases were decided, no liberal European democracy could argue without losing face that suppressing a large proportion of its population was its constitutional identity – one of the goals of its statehood. Today, this claim is seemingly kosher, marking a U-turn in the understanding of what the European human rights protection system is for minorities in Europe.

United kingdomGiuseppe martinicoMichel rosenfeldGeorge letsasBenedict andersonFederico fabbriniConstitutional courtEuropean convention on human rightsEuropean courtEuropean unionLatvian constitutional courtTreaty on european unionEuropean conventionHuman rightsGrand chamberFor latvian