Is the European court of human rights' case law on anti-roma violence 'beyond reasonable doubt'?

Mathias Möschel*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

This article critically analyses the European Court of Human Rights' case law on anti-Roma violence. Its reluctance to recognise Article 14 violations in almost all involved cases stands in stark contrast with the Court's strong rhetoric against racial discrimination. After demonstrating how the Strasbourg judges maneuvered themselves into this position, the author shows how they could change their jurisprudence. Thus, they would finally stop contributing to presenting and legally constructing Europe as a place where racial discrimination exists only in the rarest cases.

Original languageEnglish
Article numberngs018
Pages (from-to)479-507
Number of pages29
JournalHuman Rights Law Review
Volume12
Issue number3
DOIs
StatePublished - Sep 2012
Externally publishedYes

Keywords

  • Article 14 European Convention on Human Rights
  • Burden of proof
  • Racial discrimination
  • Roma

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