Abstract

The paper investigates the complex issue of the relationship between asymmetry in fundamental rights and principle of non-discrimination, looking at the debate about the creation of a Charter for Flanders in Belgium and using as comparative model the Swiss case. Firstly, the paper shall highlight how subnational constitutions could incorporate cultural fundamental rights, which are related with (sub)national identities. Secondly, the paper explores the limit, concerning the principle of non-discrimination, to the asymmetry of fundamental rights as derived from subnational constitutions, analyzing how the principles inferred from the Swiss case could be applied to the Belgian case.