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

Summary

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.