Regional systems
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In appropriate circumstances, an applicant may be awarded legal aid by the Court and, in the
event of a finding of violation, may also recover necessary expenses incurred in the preparation
of the case. However, this assistance only becomes potentially available after the respondent
Government has been asked for its observations on the admissibility of the application. Unlike
in some domestic legal systems, applicants cannot be required to pay legal costs incurred by the
State against which a claim is brought.
The Court considers a large number of individual cases as well as inter-State cases (rarely),
and its jurisprudence is enormous.129 In recent years, 40,000 to 50,000 applications have
been lodged annually. The summary below can only outline certain issues that have arisen in
connection with minorities in cases before the Court.
The Convention contains no minority rights provision akin to article 27 of the International
Covenant on Civil and Political Rights. Therefore, there is no way in which members of minority
groups can directly claim “minority rights” before the European Court of Human Rights.
Nevertheless, a number of rights guaranteed by the Convention may be invoked in relation to
the protection of minorities.
The Convention and minority rights
Many of the rights contained in the Convention for the Protection of Human Rights and
Fundamental Freedoms are relevant to minorities, but the phrase “national minority” appears in
only two of its articles.
Article 14 states that “The enjoyment of the rights and freedoms set forth in this Convention
shall be secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national minority,
property, birth or other status”.
Article 14 is not a free-standing right to non-discrimination, and it may be raised only in connection
with another Convention right. Despite its limitations, article 14 has in recent years been invoked
successfully to address concerns of minorities, in particular Roma. In Gaygusuz v. Austria (1996)
the Court found a violation of article 14 read in conjunction with article 1 of Protocol No. 1
with respect to the difference in treatment between Austrians and non-Austrians as regards their
entitlement to emergency assistance. In Nachova v. Bulgaria (2005) the Court found for the
first time a violation of the principle against racial discrimination contained in article 14 (read
in conjunction with art. 2, on the right to life) in that the authorities had failed to investigate
possible racist motives behind the shooting of Roma by military police. In D. H. and Others v. the
Czech Republic (2007) the Court further developed its jurisprudence under article 14, finding
that the disproportionately high placement of Romani students in so-called “special schools” for
children with mental disabilities violated the right to be free from racial discrimination (read in
conjunction with art. 2 of Protocol No. 1, on the right to education). This was further upheld
in Oršuš and Others v. Croatia (2010) when the Court ruled that “the placement, at times, of
the applicants in Roma-only classes during their primary education had not been justified, in
violation of Article 14 taken together with Article 2 of Protocol No. 1”. In Religionsgemeinschaft
der Zeugen Jehovas and Others v. Austria (2008) the Court found a violation of article 14 read
in conjunction with article 9 as regards the way in which religious communities were granted
the status of a religious society.
Protocol No. 12, which entered into force in 2005, creates a general prohibition against
discrimination in the application of any right guaranteed by law or by any public authority. Thus,
See www.echr.coe.int.
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