The Rights of Roma in European Courts
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 June 2025
- ISBN 9780198914358
- Binding Hardback
- No. of pages448 pages
- Size 240x162x32 mm
- Weight 823 g
- Language English 594
Categories
Short description:
Combining jurisprudential and socio-legal analysis, this edited volume examines the systemic marginalization faced by the Roma people and explores possibilities for countering. Its contributions analyse Roma rights cases before European courts, exploring the extent to which strategic litigation can push boundaries of human rights.
MoreLong description:
The abundance of Roma rights cases before international and European courts reflects the Roma's systemic marginalization as well as their resolve to push the boundaries of human rights law. The Roma have increasingly raised concerns through strategic litigation, urging the courts to develop their jurisprudence and adjust the scope of human rights applications. This edited volume examines these cases, exploring the extent to which strategic litigation can and does push the boundaries of human rights.
Adopting a long-needed yet untested approach, the volume situates Roma rights within the broader human rights edifice and identifies its key contributions. The volume focuses on the (quasi) jurisprudence of the European Court of Human Rights, the Court of Justice of the EU, and the European Committee of Social Rights, with several chapters also drawing parallels with jurisdictions beyond Europe. Its contributing authors span a broad range of disciplines, including human rights law, political science, climate justice, and ethnology.
Combining rich doctrinal and socio-legal analysis, The Rights of Roma in European Courts is an unparalleled resource for scholars and practitioners seeking to understand the systemic discrimination faced by the Roma and explore legal solutions for countering it.
This essential volume shines a powerful new light on the potential-and limits-of litigation in achieving social change. With ground-breaking contributions on the decades-long struggle to combat Roma discrimination in the European courts, the book succeeds at two critical levels: offering an on-the-ground account of the strategic and doctrinal dimensions of Roma rights mobilization, while providing new theoretical insights on how courts shape movements for equality. In the end, it makes a compelling case that understanding how law treats the most marginalized among us holds profound lessons for the future of liberal democracy depends. It could not be more timely and urgent.
Table of Contents:
RIGHTS OF ROMA IN EUROPEAN COURTS: STRATEGIC LITIGATION AND THE BOUNDARIES OF HUMAN RIGHTS
Kristin Henrard and Lilla Farkas, Introduction
Part I The context: Roma rights between politics and the law
Peter Vermeersch, Varieties of understanding the plight of the Roma in Europe: implications for human rights activism and litigation strategies
Balázs Majtényi, European Organisations and the protection of Roma rights:
Policy priorities, fragmentation and mutual learning
Part II The conceptual frame
Chris Gledhill, Strategic Litigation before the European Court of Human Rights and Roma Rights
Kristin Henrard, International Courts and the Interpretation/Adjudication of Human Rights: about possibilities and constraints
Kristin Henrard, The European courts' engagement with systemic discrimination: different shades of acknowledgement and implications for review
Kristin Henrard and Christopher Roberts, Foregrounding the burden of proof in cases of systemic discrimination against Roma by the European Court of Human Rights and the European Committee of Social Rights
Part III Strategic Roma rights litigation in European courts
Aleksandra Gliszczynska-Grabias and Anna Sledzinska-Simon, Anti-Roma hate speech cases before the ECtHR
Dezideriu Gergely, Limits and opportunities of desegregation litigation in education in view of European jurisprudence and related developments
Helen O'Nions, The right to a home: a comparison of juridical approaches to systemic discrimination in the European Court of Human Rights and the European Committee on Social rights
Mária Herczog and Zsolt Körtvélyesi, Addressing Discrimination in Removal of Romani Children from their Families
Serena D'agostino and Tina Magazzini, Intersectional Discrimination and Romani Women's (Reproductive) Rights: Pushing the Equity Boundaries
Part IV Socio-Legal analysis of strategic Roma rights litigation in European courts
Lilla Farkas, The ontology and ethics of Roma rights jurisprudence
Julija Sardelic, Revealing human rights boundaries through ECtHR Judges' dissenting opinions: An act of judicial activism?
Tamas Kadar and Istvan Haller, The contribution of Equality bodies to countering discrimination against Roma in the EU
Gwendolyn Albert, Lilla Farkas and Eva Esther Sobotka, Seeking justice for forcibly sterilized Romani women: human rights field work, advocacy, litigation, policy change
Darren O Donovan, Searching for a foothold: Strategic Litigation and Roma/Traveller Housing Campaigns in Europe
Maroš Matiaško and Marek Szilvasi, Facing Reification of Vulnerability: Roma, Environmental Justice and the Failed Potential of the Hudorovič Case
