Case 426_45
426_45 substantive_scope
45. Within the context of Article 11 of the Convention, the Court has
often emphasised that pluralism and democracy are built on genuine
recognition of, and respect for, diversity. The harmonious interaction of
persons and groups with varied identities is essential for achieving social
cohesion (see Gorzelik and Others v. Poland [GC], no. 44158/98, § 92,
17 February 2004; Identoba and Others v. Georgia, no. 73235/12, § 93,
12 May 2015; and Beizaras and Levickas v. Lithuania, no. 41288/15, § 107,
14 January 2020). Referring to the hallmarks of a “democratic society”, the
Court has attached particular importance to pluralism, tolerance and
broadmindedness. In that context, it has held that although individual
interests must on occasion be subordinated to those of a group, democracy
does not simply mean that the views of the majority must always prevail: a BERKMAN v. RUSSIA JUDGMENT
13balance must be achieved which ensures the fair and proper treatment of
minorities and avoids any abuse of a dominant position (see Young, James
and Webster v. the United Kingdom, 13 August 1981, Series A no. 44, p. 25,
§ 63; Sørensen and Rasmussen v. Denmark [GC], nos. 52562/99 and
52620/99, § 58, ECHR 2006-I; Fáber v. Hungary, no. 40721/08, §§ 37-41,
24 July 2012; and Identoba, cited above, § 93).