Overview

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.

Full Product Details

9780198914358

Table of Contents

Reviews

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. * Scott L. Cummings, Robert Henigson Professor of Legal Ethics at the UCLA School of Law * This book on Roma rights litigation is necessary not only for researchers, practitioners and human rights activists but also for all those who care about social justice. The various chapters eloquently highlight the most relevant example of systemic discrimination and socio-economic deprivation existing at the heart of Europe, and analyse in depth the role of transnational and domestic advocacy and the answers given by the European courts to the Roma legal demands. The authors show how and why the strategic fight for the rights of the Roma populations, with its victories and shortcomings, is at the same time a fight for dismantling the 'European silence about race' and addressing extreme poverty, and social and political marginalization. * Marzia Barbera, Emerita Professor of Labour Law and Antidiscrimination Law, University of Brescia * This volume provides a new evaluation of Romani jurisprudence, pushing for a rethink of how critical Romani scholarship to date - particularly that by lawyers - has analysed and understood strategic litigation. It pushes the boundaries outwards of the scope of analysis and draws connections across the plane of Romani litigation that bring a fresh perspective. Neither wildly optimistic about the potential for human rights to address systemic discrimination and/ or polarized societies, nor unduly pessimistic about the tools to hand - this is a sober account that suggests the possibility of other approaches, grounded in careful analysis of what has been achieved to date and the opportunities missed. * Prof. Morag Goodwin, Chair in Global Law and Development Tilburg University *

Author Information

Kristin Henrard, Professor of International law, Brussels School of Governance, Lilla Farkas, Assistant Professor, ELTE Faculty of Social Science

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