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Marginalisation by the Court

The Case of Roma Children and the European Court of Human Rights

Bibliographic Data

ID16764756
AuthorsNoam Peleg (0000-0002-4510-9347, corresponding author)
Year2018
Volume18
Issue1
Pages111-131
Publication date2018-03-01
Open AccessNo
TypeARTICLE
VenueHuman Rights Law Review (JOURNAL)
Journal identifiersISSN: 1461-7781 • E-ISSN: 1744-1021
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/hrlr/ngx040
OpenAlexW2795216153
LanguageEN
Citations received3

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

  • The Child's Right to Development

    Open Access•Noam Peleg•Child's Right to Development•2019

  • Stunting, maternal investment, and early child development in Serbian Roma children aged 36-59 months

    Open Access•Jelena Čvorović•Glasnik Etnografskog instituta•2022

  • Nationalism with a Human Face? European Human Rights Judgments and the Reinvention of Nationalist Politics

    Open Access•Kristin Henrard, K A M Henrard et al.•Nationalities Papers•2020

Citations per year0.43
Citation span2019 - 2022 (4)
Highly citedNo

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