Protecting the Individual Against Cultural Practices of the Group
摘要
This chapter addresses the tension between the protection of cultural identity and the need to safeguard individuals against harmful cultural or religious practices imposed by their own group. It focuses on the problem of “minorities within minorities,” where internal power structures and norms may restrict individual autonomy in the name of cultural cohesion or survival. The analysis highlights the structural limits of cultural rights in international law and the European Convention system, particularly where collective autonomy reduces space for internal dissent and individual protection. Through key Strasbourg case law, notably Molla Sali v. Greece, the chapter demonstrates the Court’s rejection of compulsory cultural or religious regimes and affirms self-identification, consent and equality as decisive safeguards against intra-group coercion. It further examines the Court’s absolute stance against cultural practices that violate non-derogable rights, especially under Article 3 and its refusal to accept tradition or societal acceptance as justification for harm, as exemplified by Tyrer v. the United Kingdom. The chapter concludes that cultural pluralism under the Convention is conditional: it is protected only insofar as it remains compatible with human dignity, individual autonomy, and universal human rights standards.