Non-native Religious Minorities in Europe and the Right to Preserve their Faith

Abstract

In many parts of the world, religious minorities experience discrimination, persistent human rights violations, and ultimately even genocide. When they escape to other States, preserving their intangible heritage far away from their ancestral lands may prove to be complex. This paper first looks at the definition of what constitutes a “new minority” and at the different level of protection compared to old or historic minorities. It then focuses on the so-called subjective element, i.e. self-identification. In the third section, the discussion centres around the contours of the right to preservation of intangible (religious) heritage abroad. The fourth section briefly touches upon the issue of whether promoting a distinct identity may facilitate or compromise the meaningful participation of non-native minorities in the public life of the host State.