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.