How has the case law taken by Roma applicants to the European Court of Human Rights affected the interpretation and development of Article 14 of the European Convention on Human Rights?

Abstract

This thesis is based on the development of Article 14 of the European Convention on Human Rights in light of the cases taken by Roma to the European Court of Human Rights. Three distinct areas will be covered: Article 14 of the ECHR, theories of equality and three case law sections on Article 14 cases taken by Roma to the Court. This thesis will begin by providing a general introduction to Article 14 in Chapter 2. The purpose of this chapter is not to discuss the Roma case law but to discuss the general development of Article 14. The wording of the article and the purpose and nature of the article will be discussed. Chapter 3 will focus on the formal and substantive models of equality. There are a number of different approaches to the substantive model, which will be introduced such as: the dignity based approach to equality, the substantive disadvantage approach and multidimensional equality. An introduction to intersectionality will then be provided, this will be followed by sub sections on Fredman’s conception of substantive equality, structural intersectional ity, external and internal discrimination and interlocking oppressions. Affirmative action under the formal and substantive models of equality and the framework of analysis, which will be adopted for discussing the models of equality in each of the three case law chapters, will be provided.