Ouranio Toxo and Others v. Greece, No. 74989/01, ECtHR (First Section), 20 October 2005

Public authorities’ incitement and participation in demonstrations against a political party defending an ethnic minority. Passivity of the police towards the incidents.

Art. 11 ECHR

1. The notion of “democratic society” is devoid of any meaning if there is no pluralism, tolerance or open-mindedness. In particular, pluralism is built on the genuine recognition of, and respect for, diversity and the dynamics of traditions and of ethnic and cultural identities.

2. It is incumbent upon public authorities to guarantee the proper functioning of an association or political party, even when they annoy or give offence to persons opposed to the lawful ideas or claims that they are seeking to promote.

3. Mention of the consciousness of belonging to a minority and the preservation and development of a minority’s culture cannot be said to constitute a threat to “democratic society”, even though it may provoke tensions. The emergence of tensions is one of the unavoidable consequences of pluralism, that is to say the free discussion of all political ideas. The role of the authorities is not to remove the cause of tension by eliminating pluralism, but to ensure that the competing political groups tolerate each other.

4. The risk of causing tension within a community by using political terms in public does not suffice, by itself, to justify interference with freedom of association.
(In the present case, involving a party one of whose aims was the defence of the Macedonian minority living in Greece, the Court unanimously held that both the acts and omissions of the national authorities violate Article 11 ECHR)