Societas et Iurisprudentia (Dec 2013)
Judicature of International Judicial and Quasi-Judicial Bodies in the Field of Human Rights Related to Romany Ethnic Group
Abstract
The study refers to the judicature of international bodies related to the protection of minorities, particularly Romany ethnic group. Quasi-judicial authorities in the context of universal protection of human rights as well as the European Court of Human Rights and the Court of Justice of the European Union concern this issue within their jurisdiction. In the universal protection of human rights it is particularly the Committee on the Elimination of Racial Discrimination that is monitoring the observance of the International Convention on the Elimination of All Forms of Racial Discrimination which provisions protect minorities from discrimination of racial character. The European Court of Human Rights, in the assessment of the states discriminatory conduct, mainly proceeds from the provisions of Article 14 of the European Convention on Human Rights and Fundamental Freedoms (1950) as well as Protocol No. 12 to this Convention. Under the EU law it is mainly about the compliance with Directive 2000/43/EC (20th June 2000), implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Although the number of the applications related to discrimination against the Roma (especially on the Strasbourg court) is not small, the racial discrimination has been recognised only in some cases.
