Transition, Equality and Non-Discrimination

This chapter examines a necessarily select list of Article 14 (the prohibition of discrimination) jurisprudence involving ethnic minorities, most notably the Roma minority in post-Communist countries before the European Court of Human Rights (the Court). The aim is to identify to what extent, if any, have the cases informed the transition processes. The chapter focuses on the Roma because the Roma form a ‘special minority group’ as they have a ‘double minority status’: ‘They are an ethnic community and most of them belong to the socially disadvantaged groups of society’. While this double discrimination exists throughout Europe, there are particular difficulties during transition processes; this chapter examines the relevant case law of the European Court. It examines both the positive contribution of the Court but also highlights less promising features of the jurisprudence