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Race and Law in Fortress Europe
Author(s) -
Hepple Bob
Publication year - 2004
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2004.06701001.x
Subject(s) - human rights , political science , european union , convention , international human rights law , politics , law , enforcement , immigration , fundamental rights , disadvantage , race (biology) , public administration , sociology , business , gender studies , economic policy
The universality of human rights is undermined by the principle of territorial supremacy. This allows member states of the EU to discriminate against those who are not citizens of the Union. Moreover, the European Convention on Human Rights and the EC Race Directive are incapable of redressing collective racial or ethnic disadvantage because they do not provide for the enforcement of positive social, economic and cultural obligations. These limitations are assessed in the light of current political and legal developments, using as the main illustration the case of the European Roma. An analysis is provided of obligations to respect, to protect and to fulfil social rights, which could be used when challenging the actions of public authorities and securing access for individuals to public facilities and services. An inclusionary approach would emphasise that equality is central to human rights, and that ‘outsiders’ such as migrant workers and asylum‐seekers have human rights.