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The Rights of Roma in European Courts

The Rights of Roma in European Courts

Author: Kristin Henrard; Lillia Farkas
Publisher: Oxford University Press
ISBN: 9780198914358
Published In: June 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

1:Introduction, Kristin Henrard and Lilla Farkas

Part I The context: Roma rights between politics and the law

2:Varieties of understanding the plight of the Roma in Europe: implications for human rights activism and litigation strategies, Peter Vermeersch

3:1. European Organisations and the protection of Roma rights: Policy priorities, fragmentation and mutual learning, Balázs Majtényi

Part II The conceptual frame

4:Strategic Litigation before the European Court of Human Rights and Roma Rights, Chris Gledhill

5:International Courts and the Interpretation/Adjudication of Human Rights: about possibilities and constraints, Kristin Henrard

6:The European courts' engagement with systemic discrimination: different shades of acknowledgement and implications for review, Kristin Henrard

7: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, Kristin Henrard and Christopher Roberts

Part III Strategic Roma rights litigation in European courts

8:Anti-Roma hate speech cases before the ECtHR, Aleksandra Gliszczynska-Grabias and Anna Sledzinska-Simon

9:Limits and opportunities of desegregation litigation in education in view of European jurisprudence and related developments, Dezideriu Gergely

10: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, Helen O'Nions

11:Addressing Discrimination in Removal of Romani Children from their Families, Mária Herczog and Zsolt Körtvélyesi

12:Intersectional Discrimination and Romani Women's (Reproductive) Rights, Serena D'agostino and Tina Magazzini

Part IV Socio-Legal analysis of strategic Roma rights litigation in European courts

13:The ontology and ethics of Roma rights jurisprudence, Lilla Farkas

14:Revealing human rights boundaries through ECtHR Judges' dissenting opinions: An act of judicial activism?, Julija Sardelic

15:The contribution of Equality bodies to countering discrimination against Roma in the EU, Tamas Kadar and Istvan Haller

16:Seeking justice for forcibly sterilized Romani women: human rights field work, advocacy, litigation, policy change, Gwendolyn Albert, Lilla Farkas and Eva Esther Sobotka

17:Searching for a foothold: Strategic Litigation and Roma/Traveller Housing Campaigns in Europe, Darren O Donovan

18:Facing Reification of Vulnerability: Roma, Environmental Justice and the Failed Potential of the Hudorovi? Case, Maroš Matiaško and Marek Szilvasi