Adjudicating Equality: Antidiscrimination Education Jurisprudence in the European Court of Human Rights
University of Akron School of Law Research Paper #17-04
51 Pages Posted: 14 Sep 2017 Last revised: 16 Sep 2017
Date Written: September 12, 2017
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: Suggested Citation