CEU Electronic Theses and Dissertations, 2010
| Author | Morteanu, Crina-Elena |
|---|---|
| Title | The Impact of the Jurisprudence of the European Court of Human Rights on Roma Rights |
| Summary | The aim of this thesis is to assess the effectiveness of three landmark cases decided by the European Court of Human Rights concerning the Roma: Nachova and Others v Bulgaria, Moldovan and Others (No.2) v Romania, D.H and Others v The Czech Republic. These cases have been deliberately selected due to the fact that they set the standards for the protection of Roma rights in Europe and moreover they are relevant not only for the victims/applicants, but the principles stated by the Court in its reasoning can also impact other minorities in Europe. Nachova and Others v. Bulgaria is the first case in the history of the European Court of Human Rights to conclude that being a Roma may a play a role in the events of a crime. Moldovan and Others v. Romania (No.2) is the second most important case (being decided just one week after Nachova and Others v. Bulgaria case) and refers to a situation of community violence upon the Roma in which the Court emphasizes the positive obligation of the state to ensure that respect for rights of its citizens. D.H and Others v. The Czech Republic is a recent case concerning the systemic placement of Roma children in special schools in Ostrava region of the Czech Republic. To this end, this study assesses not only the expected outcome of the judgments made in these cases but also the implementation of general and individual measures by the state that has been found in breach of his obligations under the ECHR. Thus, the main research question is how effective the judgments have been in the cases mentioned above for the Roma applicants at the Court and the Roma rights protection in Europe. This question divides into two fundamental sub questions. First, whether the states have implemented the general and individual measures in order to comply with the judgment. Second, whether the supervisory role of the Committee of Ministers during the implementation of judgments by the states is effective or not. The analysis revealed that the cases of Nachova and Others v. Bulgaria, Moldovan and Others v. Romania (No.2) and D.H. and Others v. The Czech Republic are of great relevance to the protection of Roma rights in Europe and moreover, that the reasoning of the Court is likely to impact not only on Roma rights but also on the protection of other minorities in Europe. To this end, the implementation of the individual and general measures by the respondent states proved to be difficult due to reasons connected to either the reluctance of the authorities to comply with it (Moldovan and Others v. Romania (No.2) or minimal impact of the new adopted legislation (D.H and Others v. The Czech Republic). Furthermore, the research study identified a gap within the implementation of judgment process, between the “supervisory role” of the Committee of Ministers and state’s roles in compliance with the judgments. In this regards, recommendations for further study have been made. |
| Supervisor | Pogany, Istvan |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/morteanu_crina-elena.pdf |
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