Symposium on Racial Discrimination at the European Court of Human Rights

A legal symposium on racial discrimination in European and international law was held at the European Court of Human Rights on 20 March 2026 , co-organised by the Court, the University of Strasbourg and Utrecht University.

"An excellent synergy between the Netherlands Institute of Human Rights (SIM) and RENFORCE, together with the Institut de recherche Carré de Malberg of the University of Strasbourg", noted Tina Stavrinaki who had the initiative and co-organised the symposium. "We are grateful to the European Court of Human Rights for its commitment to fostering dialogue between the judiciary, the academic community and the United Nations human rights treaty system." Dr. Tina Stavrinaki is is Assistant Professor in Human Rights and International Law at Utrecht University and serves as elected Member of the UN Committee on the Elimination of Racial Discrimination.

The President of the Court, Mr. Mattias Guyomar, opened the legal symposium looking back at the origins of the European Convention on Human Rights and its clear link to the fight against discrimination. He then elaborated on the development of its case law on racial discrimination.

Equality law, intersectionality, Roma communities

In the first panel, Dr. Alexandra Timmer presented her conceptual model of equality law as an iceberg. Professor Mehrdad examined the structure and wording of ICERD, highlighting obligations related to structural discrimination and the practice of the Committee. Judge Ktistakis traced the evolution of case law from an individual to a structural approach, particularly in defining racial discrimination, assessing evidence, and applying strict scrutiny in judicial review.

In the second panel, Dr. Lorena Sosa introduced her methodology on intersectionality in judicial reasoning. CERD Chairperson Dr. Michał Balcerzak explained the scope and limits of the individual complaint procedure, as well as the Early Warning and Urgent Action procedure under ICERD. Professor Peggy Ducoulombier discussed the relevance of comparator methodology in Article 3 of Protocol No. 1 ECHR, with particular reference to Kovačević v. Bosnia and Herzegovina.

In the third panel, Dr. Christos Giannopoulos explored the development of Strasbourg case law concerning the protection of Roma communities. I presented on the use of ICERD within ECHR case law, arguing that it has brought greater clarity to applicable standards and deepened the understanding of the right to equality and non-discrimination. Judge Marko Bošnjak concluded by comparing the ECtHR and the CJEU, emphasising the complementary ex ante and ex post roles of the two courts.