Politically responsive review: Beyond the democracy–minority rights dichotomy in the European convention

Abstract This article challenges the widespread framing of minority rights and democracy as opposing principles within the European Convention on Human Rights (ECHR) and the jurisprudence of the European Court of Human Rights (ECtHR). It argues that both share a common foundation in political equality and autonomy, and that their protection is historically, theoretically and practically intertwined. It argues that the ECtHR”s practice should recognize this connection more clearly and more openly, rather than treating democracy as a rationale for deference that undermines minority rights. Drawing on comparative constitutional law, particularly representation-reinforcement theory, it argues that the ECtHR might adjust and rethink some of its concepts to that purpose, in particular its procedural approach and the concept of vulnerability, and it might experiment with communication to better safeguard structurally disadvantaged groups while at the same time strengthening and respecting democratic processes. By situating minority protection within a broader democratic project, the paper proposes ways for the ECtHR to strengthen legitimacy, counter democratic backsliding and resist far-right efforts to weaponize ‘democracy’ against politically vulnerable groups.