The European Court of Justice has shifted towards recognizing discrimination against Roma, underscoring the effectiveness of strategic litigation in protecting minority rights.
Authors
Prateek Mishra, KIIT University, India
Ananyo Mitra, Vinayaka Mission’s Law School, India
Shashank Nande, KIIT University, India
Paridhi Sharma, Lecturer, Jindal Global Law School, O.P. Jindal Global University, India
Summary
This paper explores the tension between universal and private human rights within the European context, particularly focusing on how the European Court of Justice and the European Convention on Human Rights address these issues. It scrutinizes the role of civil society organizations, such as the European Roma Rights Centre, in using strategic litigation to advocate for Roma rights. By employing descriptive analysis of legal texts, the study identifies shifts in judicial perspectives toward recognizing the constitutionality of discrimination against Roma. The findings suggest that recent rulings by the European Court of Justice acknowledge such discrimination, marking a significant shift from its earlier stance on the universality of human rights. The effectiveness of strategic litigation in alleviating the conflict between universal and private human rights in Europe is also assessed, highlighting its potential long- term impact on the protection of minority rights.
Published in: International Relations Theory and Philosophical Political Insights Into Conflict Management
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