Marginalisation by the Court
The Case of Roma Children and the European Court of Human Rights
Bibliographic Data
| ID | 16764756 |
|---|---|
| Authors | Noam Peleg (0000-0002-4510-9347, corresponding author) |
| Year | 2018 |
| Volume | 18 |
| Issue | 1 |
| Pages | 111-131 |
| Publication date | 2018-03-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngx040 |
| OpenAlex | W2795216153 |
| Language | EN |
| Citations received | 3 |
This article analyses the European Court of Human Rights’ conceptualisation of children as human rights-holders, using Roma children’s access to education as a case study. It argues that the Court consistently fails to treat children as agents in their own right in cases where their rights are being compromised. Roma children, as members of an ethnic or racial minority group, suffer discrimination through their segregation from other chil- dren within the education systems across Europe. They are further discriminated against by the Court because of the overriding focus on their parents’ rights, while ignoring their independent status as rights-holders. Thus, the article argues that Roma children are mar- ginalised on account of their status as children and as members of a subordinated social group. The article then proposes an alternative, child-centred, judicial narrative which has the potential to remedy this situation. This approach repositions children and brings them to the centre of the Court’s analysis, essentially asking the Court to directly engage with children as rights-holders, and potentially to strike a different balance between child- ren’s rights, parental interests and the state.
Ethnic group · Fundamental rights · High Court · Human rights · International human rights law · Narrative · Political science · Sociology · State (computer science) · European and International Law Studies · Law · Ombudsman and Human Rights · Romani and Gypsy Studies
| Citations per year | 0.43 |
|---|---|
| Citation span | 2019 - 2022 (4) |
| Highly cited | No |