Critical analysis of the Court's case law on anti-Roma violence

The latest issue of Human Rights Law Review the article "Is the European Court of Human Rights’ Case Law on Anti-Roma Violence ‘Beyond Reasonable Doubt’" by Mathias Möschel. the author critsizes the inconsistencies within the case law of the ECtHR in relation with anti-Roma cases.

A part of the article is dedicated to the justification of the Courts decision not to investigate the facts of the case of V.C. v. Slovakia and its subsequent N.B. v. Slovakia with regard to the violation of Article 14 of the ECHR. The author also draws attention to some methods that could be applied by the Court in order to change .

Here is the abstract:

This article critically analyses the European Court of Human Rights’ case law on anti-Roma violence. Its reluctance to recognise Article 14 violations in almost all involved cases stands in stark contrast with the Court’s strong rhetoric against racial discrimination. After demonstrating how the Strasbourg judges maneuvered themselves into this position, the author shows how they could change their jurisprudence. Thus, they would finally stop contributing to presenting and legally constructing Europe as a place where racial discrimination exists only in the rarest cases.

Summary of N.B. v. Slovakia (Hungarian)

In the upcoming issue of Fundamentum, the Hungarian human rights law review, you can find my brief summary of the case of N.B. v. Slovakia (unfortunately the language is Hungarian).

The table of contents can be found here.

Aritcle on the Right to Informed Consent and the relevant case-law of the ECtHR (Hungarian)

Eötvös Loránd University Faculty of Law published the collection of articles based on presentations held on the PhD. conference of the faculty this spring. Amongst them there is my article as well the title of which is The Right to Informed Consent under Article 5 of the Oviedo Convention and the relevant case-law of the European Court of Human Rights. Unfortunately the article is in Hungarian.

In this article I analyzed, firtly, the rules of informed consent within the Convention on Human Rights and Biomedicine with regard to its importance and the elements of consent that are commonly distinguished in the scholarship. Secondly, I drew up the way the right to informed consent can be invoked before the ECtHR. I reiterated that informed consent issues generally appeared before the Court in relation with Articles 3 and 8 of the ECHR. Finally, I analyzed some cases regarding each ECHR right.