Smekal, Hubert and Šipulová, Katarína (2014) DH v Czech Republic Six Years Later: On the Power of an International Human Rights Court to Push Through Systemic Change. Netherlands Quarterly of Human Rights, 32 (3). pp. 288-321. ISSN 2214-7357
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Abstract
Th e European Court of Human Rights (ECtHR) is oft en portrayed as the most developed
regional human rights court, one which wields the power to infl uence practices in its
Member States. In 2007, the Grand Chamber of the Court issued a famous ruling in
the case DH v Czech Republic, which condemned discrimination of Roma children in
education. Th e problem criticized in the DH case is of a systemic character; in order to
comply with the ECtHR’s judgment, the Czech Republic would have to change its whole
system of primary education. In our article, we discuss the ability of an international
human rights body to push through a signifi cant change in one of its Contracting Parties.
We seek to draw more general propositions from the case study of DH v Czech Republic
which can be tested by further studies – we try to identify factors and circumstances
which support or hinder an international human rights court in its eff ort of pushing
through a systemic change.
Item Type: | Article |
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Keywords: | Czech Republic; discrimination; European Court of Human Rights; judgment implementation; right to education; Roma; special schools; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 18036 |
Identification Number: | 10.1177/016934411403200305 |
Depositing User: | Hubert Smekal |
Date Deposited: | 16 Jan 2024 11:56 |
Journal or Publication Title: | Netherlands Quarterly of Human Rights |
Publisher: | SAGE Publications |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/18036 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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