Interpretation of Effective Public Participation at the ECtHR: Lessons from Recent Jurisprudence on Minority Language Education

Abstract

This contribution focuses on the recent jurisprudence of the European Court of Human Rights on minority language education and the link established by the Court with the effective public participation of minorities. The interpretation in the latest cases of Valiullina and Others v. Latvia (2024) and Džibuti and Others v. Latvia (2024) indicates that the Court accepts significant limitations to minority language education. However, the novelty of the latest jurisprudence is that the limitations are seen as necessary means for ensuring the effective participation of minorities in the public life of the country. Therefore, this reasoning from the Court seems to contradict the thoroughly developed understanding of measures contributing to effective public participation of minorities, the interpretation of which has been shaped by an array of organisations, including branches of the Council of Europe, of which the Court is part. The article argues that the Court’s judgments on the two cases demonstrate the limited development of the right to education despite the ‘living’ nature of the European Convention on Human Rights. Furthermore, the latest interpretation seems to overlook how the minority right to effective public participation contributes to the realisation of the right to education.