Emerging Trends in the Jurisprudence of the European Court of Human Rights

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The Strasbourg Court’s recent approach to the interpretation of the non-discrimination norm under Article 14 of the European Convention on Human Rights (ECHR) signals a marked change from its longstanding failure to deal with equality issues under the ECHR in a manner that could address structural inequality. In particular, there have been significant emerging trends in the jurisprudence of the European Court of Human Rights (ECtHR) related to Roma education and also in the Court’s disability discrimination case law. The trends appear to have been influenced, to some extent, by developments in international human rights law. These emerging trends are potentially significant in increasing protection of the rights of persons with disabilities, specifically in the context of ensuring the right to education for disabled individuals. This chapter examines the case law of the ECtHR related to Roma education and disability discrimination, with a view to discerning the emerging trends in the jurisprudence of the Strasbourg Court, which can potentially serve as a foundation for advancing disability claims pertaining to the right to education, in particular in light of the mandate of inclusive education contained in Article 24 of the CRPD.
Original languageEnglish
Title of host publicationThe Right to Inclusive Education in International Human Rights Law
EditorsGauthier de Beco, Shivaun Quinlivan, Janet E. Lord
Place of PublicationCambridge
PublisherCambridge University Press
ISBN (Electronic)9781316392881
ISBN (Print)9781107121188
Publication statusPublished - Apr 2019

Publication series

SeriesCambridge Disability Law and Policy Series

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