ABSTRACT

This chapter defines the minimum content of the ultimate Right to Equal Belonging in a Democratic Society. The minimum content of the right has implicitly allowed the definition of the scope of the right. The definition of the scope of the right has built on and expanded the minimum content of the right. For the right to be protected, any proportionality test or any other alternative test or justification should consider the threshold set by the minimum content of the Right to Equal Belonging in a Democratic Society. The minimum content of the right is the implied starting point of the analysis of the scope of the right as well as the explicit minimum threshold of protection of the right in the justification analysis. To sum up, the criterion of the minimum content of the right is only one criterion of a more comprehensive theory of when the limits of the rights are justified in a democratic society.