Gorzelik and Others v. Poland, No. 44158/98, ECtHR (Grand Chamber), 17 February 2004

Refusal to register an association calling itself an organisation of a national minority. Acknowledgment of a special electoral status to an association promoting identity and culture of an ethnic group.

Art. 11 ECHR

1. Freedom of association is particularly important for persons belonging to minorities, including national and ethnic minorities. Forming an association in order to express and promote its identity may be instrumental in helping a minority to preserve and uphold its rights.

2. In addition to political parties, associations formed for other purposes, including those seeking an ethnic identity or asserting a minority consciousness, are also important to the proper functioning of democracy. For pluralism is also built on the genuine recognition of, and respect for, diversity and the dynamics of cultural traditions, ethnic and cultural identities, religious beliefs, artistic, literary and socio-economic ideas and concepts.

3. International law does not oblige the Contracting States to adopt a particular concept of “national minority” in their legislation or to introduce a procedure for the official recognition of minority groups.

(In the present case, the Court found that the national authorities’ refusal to register an association characterising itself as an organisation of the Silesian minority in Poland did not amount to a violation of Article 11 of the Convention).

The judgment of the Grand Chamber represents a prominent leading case concerning the protection of national minorities under article 11 of the Convention.