In the case of Kuric v. Slovenia, the Grand Chamber of the European Court of Human Rights found that Slovenia had violated the rights of a group of residents when it deprived them of their status as permanent residents following Slovenia’s declaration of independence in the 1990s. The court found that the measures taken by Slovenia had disproportionately affected Roma and other minorities and furthermore that the government had failed to remedy the problem comprehensively and promptly. The Court therefore found violations of Article 14 (non-discrimination) as well as Article 8 (right to privacy) and Artice 13 (right to an effective remedy). The court applied the pilot-judgment procedure, holding that Slovenia should set up a compensation scheme for the affected individuals within a year and that the court would adjourn all similar applications in the meantime.
Click here to read a post about the case on the ECHR blog.
Click here to read the court’s press release.
The Strasbourg Observers blog has posted an excellent analysis of a recent judgment of the ECHR dealing with violence against Roma. The case, Koky and Others v. Slovakia, involved an attack on Roma at a Roma settlement. The court found a violation of Article 3 (inhuman or degrading treatment or punishment) but did not consider Article 14 (non-discrimination).
The blog post comments on the role that context plays in the European Court’s reasoning. Firstly, in deciding that the ill-treatment perpetrated upon the victim was severe enough to reach the Article 3 threshold, the court looks at the racial overtones of the attack. Secondly, in deciding that the investigation carried out by the Slovakian authorities was incompatible with Article 3, the court considered the broader and ‘sensitive’ nature of the situation of Roma in Slovakia at the time. Notably however, the court does not consider whether there was a violation of Article 14 non-discrimination provisions. The abovementioned blog post notes how this is out of kilter with previous Article 14 jurisprudence of the Court.
Click here to read the court’s press release.