Análise do sistema regional europeu de salvaguarda aos Direitos humanos: evolução histórica e o tratamento dispensado às minorias religiosas por meio da (não) efetivação de suas garantias e liberdades fundamentais

Abstract

The creation of mechanisms for the protection of human rights, monitoring of States and the concern with the creation of provisions, in the international community, that provide for a list of guarantees, has its origins in the post-Second World War period, with the proclamation of the Universal Declaration of Human Rights. Therefore, Europe has developed an advanced and sophisticated system of human rights protection, which is currently subdivided into the regional system, headed by the European Court of Human Rights, and the community system, whose final instance is the Court of Justice of the European Union. Despite the sophistication of European international jurisdiction, the cultural diversity of contemporary nations (which arises from phenomena such as globalization, wars, migration, unification of autonomous societies, etc.) demonstrate a real challenge to that system (built over almost eight decades) and the implementation and application of human rights in specific cases. Examples of situations brought to the international jurisdictional system are those that disregard the guarantee of religious expression of Islamic minorities on the European continent, which suffer from what’s call as the cultural standardization on the part of sovereign States that have committed themselves to the provision of international treaties, of which they were signatories (a stand that has been endorsed by the European Court). There then arises the need to seek answers, during the development of the study, regarding the possibility of accommodation and protection for the guarantee of cultural expression of religious minorities, considering the fundamental rights and freedoms provided for by the European Convention. We then come to the recognition that, in an extremely globalized and culturally diverse society, there is a need to recognize tolerance to allow peaceful coexistence between diverse cultures, from a pluralistic point of view of human rights.