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
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:	https://doi.org/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
URI:	Publisher
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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