The Romanies in the European Court of Human Rights : how could racial discrimination contribute to the cases on the right to housing

Abstract

Romanies are the most significant racialized minority in Europe, subjected to profound inequalities. Therefore, to identify the roots of such marginalization, it is crucial to understand how race – and racial discrimination – have embedded all levels of society. By contextualizing Romanies in this background, the thesis analyzes the cases judged by the European Court of Human Rights (ECtHR) involving housing Rights and Romanies under art.8 and art.14 of the European Convention of Human Rights (ECHR). Section 1 discusses race and racial discrimination involving Romanies and spatial policies. Additionally, the concepts of direct and indirect racial discrimination, as of the individual, institutional, and structural racism, are presented, followed by a dialogue with ethnicity/minority frameworks and substantive equality. Subsequently, Section 2 investigates spaces to discuss the right to housing and racial discrimination under articles 8 and 14 of the ECHR. Finally, Section 3, in the light of Sections 1 and 2, analyzes the cases dealing with housing issues and Romanies, aiming to identify advances and shortcomings in the Court’s judgments and discuss how racial discrimination could contribute to the assessment.