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Strategic litigation challenging discrimination based on racial or ethnic origin

Strategic litigation challenging discrimination based on racial or ethnic origin. Lilla Farkas, Budapest, 10 November 2017 lilla.Farkas@eui.eu. We need a strategy. The goal: client (Meister) or issue driven (Feryn, Belov and CHEZ, Achbita)

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Strategic litigation challenging discrimination based on racial or ethnic origin

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  1. Strategic litigation challenging discrimination based on racial or ethnic origin Lilla Farkas, Budapest, 10 November 2017 lilla.Farkas@eui.eu

  2. We need a strategy • The goal: client (Meister) or issue driven (Feryn, Belov and CHEZ, Achbita) • legal or policy reform: group recognition (Travellers, European Muslims under RED), legally defining segregation • tackling most egregious practices: Islamophobia, housing and school segregation • The forum • domestic • regional: CJEU, ECtHR, CERD • Allies • pro-bono lawyers • NGOs, Trade Unions • Resources • financial • legal opportunity structure (powers of equality body): ex officio investigation, legal standing, intervention, representation

  3. 3 models of networking • Equal Opportunities Commission (Barnard, 1998) • state funded domestic equality body seeking legal reform • preliminary referrals to ECJ through Employment Appeals Tribunal • direct cooperation with the European Commission • Open Society Foundations: from the ERRC to the Justice Initiative • donor created/funded regional structure based on NGOs: vertical, later horizontal networking • over 70 Roma rights cases from ECtHR, cca 15 % discrimination found • identifying leading cases across Europe - from Meister to CHEZ • ILGA Europe and domestic LGBTI NGOs • regional, domestic and individual initiatives forming a network: horizontal • academics, NGOs and activist lawyers (Maruko and Römer)

  4. Model I: the EOC and sex discrimination litigation in the UK EAT ECJ EComm EOC (pro bono) lawyers citizens’ advice bureaus women trades unions

  5. Model II: OSF and the Roma ECtHR REF RIO ERRC OSF CoE domestic NGOs

  6. Model III: ILGA Europe + CJEU ILGA EU ECtHR EComm NGOs

  7. What model for Equinet? Diverse status, powers and legal standing quasi judicial: RO, BG, HU, FR, BE, IE, DK ombuds type: AT, NL, HR, GR Diverse ethos pro-active: BE (Feryn, Achbita, Adecco - with SOS Racisme FR), BG, FR, SE, UK corporativist-consultative: NL (but see its role in Garib v The Netherlands) Diverse political and social realities, but issues are squarely the same Cooperation with NGOs, trade unions and client (groups): legitimacy Legal services: in-house, pro bono or paid What role for the Commission: infringement proceedings and role in preliminary reference

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