Adjudicating Equality: Antidiscrimination Education Jurisprudence in the European Court of Human Rights

Harvard Journal on Racial & Ethnic Justice, Vol. 33, 2017

University of Akron School of Law Research Paper #17-04

51 Pages Posted: 14 Sep 2017 Last revised: 16 Sep 2017

Kristen Barnes

University of Akron - School of Law; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: September 12, 2017

Abstract

This Article examines the state of antidiscrimination education jurisprudence in Europe by analyzing several prominent cases brought before the European Court of Human Rights. In those cases, the applicants alleged that they were discriminated against in the exercise of their right to education based upon their ethnicity in violation of the European Convention on Human Rights. Novel aspects of the cases include the Court’s recognition of the theory of indirect discrimination and its imposition of positive obligations. The cases examined have a broader application that has yet to be explored at the higher education level and by other racial minority groups. Focusing on the legal principles of proportionality, the margin of appreciation, and consensus, this Article analyzes the Court’s reasoning and delineates its framework for cases of this type. The paper offers insights concerning the Court’s theory of racial discrimination, highlights issues arising out of the theory and its application, and concludes with recommendations for the Court’s future trajectory in this realm.

Keywords: antidiscrimination law, European Court of Human Rights, Racial and Ethnic Minorities

JEL Classification: K00

Suggested Citation

Barnes, Kristen, Adjudicating Equality: Antidiscrimination Education Jurisprudence in the European Court of Human Rights (September 12, 2017). Harvard Journal on Racial & Ethnic Justice, Vol. 33, 2017. Available at SSRN: https://ssrn.com/abstract=3035912 or http://dx.doi.org/10.2139/ssrn.3035912

Kristen Barnes (Contact Author)

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States
3309727613 (Phone)

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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