ABSTRACT

This chapter defines the broad scope of the ultimate right of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Belonging in a community of equals goes with equal freedom to choose the way to belong. The chapter explains the theoretical foundations of the right to "free-identity" belonging, showing why the right is a part of the right to belong to a community of equals. It discusses the forms of this right. As a result, and because of the above two theoretical premises, the "free-identity" belonging can be composed of different "identity group differentiated rights or claims", meaning the group has differentiated claims or rights which involve identity issues. The chapter suggests some criteria for the legal assessment of the identity group differentiated claims or rights.