The Rights of Roma in European Courts

Abstract This edited volume aims to critically analyse Roma rights cases before European courts, so as to explore the extent to which strategic litigation can and does advance the boundaries of human rights. In the process, the volume adopts a long-needed yet untested approach that situates Roma rights within the human rights edifice and identifies its key contributions. Strategic litigation as a phenomenon confirms the dynamic nature of human rights and the crucial importance of interpretation, not only by national courts, but also ultimately by international courts. This type of litigation seeks to influence the way in which courts take up their role, more particularly the interpretations that they develop, and the discretion they leave to states. The boundaries of human rights are determined, inter alia, by the scope of application of these rights, the extent of the related negative and positive state obligations, and the allocation of the burden of proof between the parties. The main focus is on the jurisprudence of three international courts situated in Europe, namely the European Court of Human Rights, the Court of Justice of the EU, and the European Committee of Social Rights, while several chapters draw parallels with jurisdictions beyond Europe as well. The case study of Roma rights also demonstrates that aiming for the effective protection of fundamental rights of a minority suffering systemic discrimination requires extending one’s focus also to domestic enforcement, involving not only national authorities, national courts, and equality bodies, but also sub-state authorities and administration.