In the past ten
years I have worked as a lawyer taking strategic legal cases to the European
Court of Human Rights, first on behalf of the European Roma Rights Centre in
Budapest, Hungary (2005-2007) and then of Interights, in London, United Kingdom
(2007-2014). Since 2014, I have been working on my own as a freelance lawyer
based in London, focusing mostly on disability and transgender rights. This is
a selection of the highlights of my human rights career so far, mostly the good
ones, but also some of the bad. Litigation before the European Court of Human
Rights is a long and arduous process, with cases changing hands several times
over their lifetimes. I listed here cases that I had a substantial contribution
to (in some, like Câmpeanu, I was the
sole lawyer in the case from the beginning to the end), but it goes without
saying that many other (wonderful) people were also involved.
Hate crime
Šečić v Croatia
(2007) – this case concerned the beating of a Roma man collecting scrap metal
by a group of skinheads and the authorities’ failure to investigate the
incident properly. The authorities failed even to identify the perpetrators,
although they had been on TV bragging about their crime. This was the first
time when the Court extended the procedural obligation to investigate the
racist connotations of a crime when committed by a private individual, as
opposed to police forces.
Đorđević v Croatia (2012)
– this case concerned the harassment and abuse perpetrated by a group of
teenagers against a man with multiple physical and mental disabilities
(Dalibor) and his mother (Radmila) over a period of several years and the
authorities’ failure to protect them. This was the first time the Court
documented in detail a disability hate crime case, leading to a finding of a
breach of the Convention. The slowly escalating violence and harassment is
described in great detail, occurring in and around the applicants’ ground floor
flat. They were assaulted on account of disability, but also because they were
Serbian ethnics. The Court’s ruling has some interesting points regarding for
example Radmila’s position as a victim by association, or the nature of the obligations
incumbent on the state where perpetrators are below the criminal responsibility
age, which had previously been their excuse for inaction. The last I heard
about the applicants’ situation, the harassment had apparently stopped after
the Court’s ruling. Unfortunately since Radmila passed away in 2013, Dalibor
was at risk of being placed in an institution.
Stoica v Romania
(2008) and Cobzaru v Romania (2007) –
these were police ill treatment cases with Romani victims. Stoica concerned the beating of a disabled youth during a raid
carried out in a rural Roma community. Cobzaru
was a case of ill treatment in custody. In both cases, the Court decided that
there was a breach of the prohibition of discrimination under Article 14, an
increasingly rare occurrence in its jurisprudence lately. In Stoica, the Court accurately identified
the racist animus behind the raid, as well as the authorities’ failure to
conduct an adequate investigation. In Cobzaru,
the Court remarkably found that the investigating authorities displayed “a
general discriminatory attitude” towards the victim.
Disability rights
Center for Legal Resources on behalf of Valentin Câmpeanu v Romania (2014) – This is probably the most
important case I have been involved in, and the one I am most attached to. It
was about the death in miserable conditions of a young intellectually disabled
HIV positive orphaned young man at the infamous Poiana Mare Psychiatric
Hospital. At the time when I started working on the application in this case,
most experts whom I talked to gave me little chances of persuading the Court to
hear the case, due to its restrictive standing criteria. Many years and
hundreds of pages later, the Grand Chamber recognised for the first time that
NGOs should be allowed to bring cases on behalf of people like Câmpeanu who died in suspicious
circumstances, and who lacked any relatives or other guardians capable to act
on their behalf. The judgment shed light
on the horrendous abuses that take place routinely in institutions for people
with mental health disabilities in Romania, reflecting at the same time the
complete absence of any mechanisms to secure accountability.
D.D. v Lithuania
(2012) – the applicant was a kind and intelligent woman with mental
disabilities, whom I met in 2008, when I visited her at the institution where
she lived against her will. Her adoptive father arranged to have her deprived
of her legal capacity and placed in an institution for an indeterminate period
of time, ostensibly for her own good. This is one of the very few judgments
highlighting the conflict of interest that may exist between a disabled
applicant and their family members, and its consequences in a fair trial
context. As a result of the judgment, the Lithuanian authorities declared the
decision to incapacitate D.D. null and void and released her from the
institution, after eight years in captivity.
Farcaș v Romania (2010)
- the applicant
suffered from progressive muscular dystrophy, substantially impairing his
mobility. He had been dismissed from his job as an electrician, which he was
holding for 20 years, and he sought to challenge his employer’s failure to
offer reasonable accommodation in national courts. In his complaint to the
European Court, the applicant argued that his fair trial rights were breached
in that the court buildings in his town were inaccessible to persons with
physical disabilities. After organising a public hearing on 27 April 2010, the
Court dismissed his complaint as inadmissible, under the pretext that equal
access to justice did not necessarily require the applicant to access court
facilities in person, and that he could act through a proxy or correspond with
courts through mail. This judgment, with its skewed understanding of equality
reinforcing the exclusion from society of persons with disabilities, has been
widely and rightly criticised.
Romanian anti-Roma pogrom cases
Moldovan and others v. Romania (Nos. 1 and 2) (2005) – the first and most prominent
pogrom cases, concerning the killing by a mob of three Roma men and the
destruction through arson of 14 houses in the village of Hădăreni village, located
in central Romania, the degrading conditions the victims who had to flee their
homes were forced into, and the discriminatory legal proceedings conducted at
the national level. The rulings were remarkable in that the victims finally
received confirmation of their plight from a highly authoritative forum, as
well as a modicum of redress. The judgment on the merits included a striking finding
that discrimination among judges and prosecutors was so serious as to amount to
inhuman and degrading treatment. At the same time, its potential was somewhat
stunted by the fact that the pogrom took place outside the Court’s temporal
jurisdiction, which explains at least partially the somewhat superficial manner
in which the Court described the facts. The implementation of the judgment has
been protracted and flawed, with proceedings still open at the national level
and in Strasbourg before the Committee of Ministers.
Lăcătuş and others v Romania (2012) – this is a spin-off from the main
Moldovan proceedings, concerning
Voichița (Rostaș) Lăcătuș, whose husband and brother were killed during the Hădăreni
pogrom, and her two daughters. The Court
reached a decision in this case in 2012, seven years after the Moldovan judgments were delivered.
Gergely v Romania and Kalanyos and others v Romania (2007)
Iren Gergely was
one of the many victims of a pogrom, which took place in 1990 in the village of
Caşinul Nou, during which Hungarian ethnics chased the Roma community away and
burnt their houses. The Kalanyos case
involved three of the victims of another pogrom that took place in the
neighbouring village of Plaieșii de Sus in 1991, following a similar pattern –
the houses of the Roma villagers were destroyed, the Roma were chased away,
some were beaten up and one was killed. These were among the first cases to be
decided on the basis of a unilateral statement of responsibility lodged by the
Government, a device that has since became more common. We fought long and hard
against these statements, as the Government refused our demands that a remedy
be provided to all those affected by the pogroms, not only to the applicants.
One of the main drawbacks of litigation in these cases was the fact that only a
tiny minority of the victims initially agreed to be involved, out of fear of
retaliation or for other reasons. I remember having been very impressed by the
four applicants, who refused the State’s offer for compensation and asked instead
for a judgment on the merits clearly stating the state’s responsibility for the
pogroms. Unfortunately, most victims continue to live in dire poverty in
segregated informal housing on the edge of their villages, without any
recognition of their plight.
(with Sandor Kalanyos, Iren Gergely, Istvan Rozsa, Tamas Kalanyos in Tusnad, Romania, 2007)
(with Sandor Kalanyos, Iren Gergely, Istvan Rozsa, Tamas Kalanyos in Tusnad, Romania, 2007)
Transgender rights
Hämäläinen v Finland (2014) – This case concerned the requirement imposed on the
applicant, a transgender woman, to renounce her marriage before being
recognised in her self-identified gender identity. I got involved in this case after
the Chamber delivered a very poor ruling, obtained a referral to the Grand
Chamber, which however decided again against the applicant. That decision
turned on the Court’s established position on same-sex marriage, but was also
due to the peculiar situation in Finland, where, as opposed to other countries,
the applicant had the fall-back option of entering a registered partnership
very similar to marriage. Despite this disappointing outcome, Hämäläinen provided welcome focus on
transgender rights after a long period during which very few cases reached the
Court. At the same time, a minority of the Court came very strongly in the
applicant’s favour, in an opinion that may prove influential down the line.
Shortly after the Hämäläinen judgment,
the Finnish Parliament upheld a popular initiative to legalise same-sex
marriage, which means that once the new changes come into force Heli Hämäläinen will be able to obtain legal gender
recognition without having to give up her marriage.
(with Heli Hämäläinen and Vesselina Vandova in Strasbourg, France 2014)
(with Heli Hämäläinen and Vesselina Vandova in Strasbourg, France 2014)
Right to housing
Cazacliu and others v Romania – this case concerned the forced eviction
in 2006 of a group of Roma families from a block of flats that they occupied
informally for several years and their relocation by the Tulcea Municipality to
an abandoned building on the outskirts of town and respectively to container
housing placed on a former rubbish tip. I documented this case from the
beginning, immediately after the eviction took place, and then returned
regularly to Tulcea to monitor the situation of the community. I developed a strategy to take the case to
court, which eventually resulted, in 2014, in the first, and to date the only,
final judgment by a Romanian court ordering a local authority to pay damages
for its failure to provide a Roma community with adequate housing. A related
complaint is currently pending before the European Court, awaiting
adjudication.
(People sleeping rough in Tulcea, days after having been evicted from their homes)
Selected
publications
§ Hit and miss: Procedural accommodations ensuring the
effective access of applicants with mental disabilities to the European Court
of Human Rights, in Research
Companion on Disability Law, Ashgate [forthcoming]
§ Silencing the Voices of People with Disabilities:
Recent Developments before the European Court of Human Rights, on
the Strasbourg Observers blog, 3
December 2014
§ Contributed the chapters on
the Council of Europe for the European
Yearbook of Disability Law, Volume 3, Intersentia, 2012 and Volume 5,
Intersentia 2015
§ Hämäläinen
v Finland - Preview of the judgment by Constantin Cojocariu, ECHR Sexual Orientation Blog, 11 July
2014
§ Lawyering on the
Margins, Interights
Bulletin, 17.3, 2013 (co-editor)
§ Moving beyond Goodwin:
A Fresh Assessment of the European Court of Human Rights’ Transgender
Jurisprudence, Interights Bulletin, 17.3, 2013
§ H. v Finland: transgender persons as collateral
victims of prejudice against same-sex marriage, ECHR Sexual Orientation Blog, 11 July
2014
§
Handicapping
Rules: The Overly Restrictive Application of Admissibility Criteria by the
European Court of Human Rights to Complaints Concerning Disabled People,
European Human Rights Law Review, 6/2011
§
Increasing the Impact of Human Rights Litigation:
Implementation of Judgments and Decisions, Interights Bulletin 2010 16.2 (co-editor)
§
Implementing the
Romanian Roma Pogrom Judgments: A Case Study, Interights Bulletin 2010 16.2
§
Challenging Violations of the Right to Water before
the European Court of Human Rights, Housing and ESC Rights Law
Quarterly, Vol. 5 – No.1,
§
Positive Duties to Combat Violent
Hate Crime after Šečić v. Croatia, Roma Rights 3/2007
Selected
professional activities
§
Member
for Romania of the European
Commission on Sexual Orientation Law since 2008
§
Panellist
- Gender Identity and Intersexuality,
International conference Rights on the
Move: Rainbow families in Europe, Trento, Italy (2014)
§
Panellist
- Mainstreaming Diversity: Rewriting
Judgments of the European Court of Human Rights conference, Strasbourg,
France (2011)
§
Panellist
- Identifying Rights and Identities:
Sexual Minorities in the Balkans, Belgrade, Serbia (2011)
§
Panellist
- Justice in the Balkans: Equality for
Sexual Minorities, Podgorica, Montenegro (2009)
§ Panellist - The Global Arc of Justice: LGBT Rights Around the World, Los Angeles, United States (2009)
§ Panellist - The Global Arc of Justice: LGBT Rights Around the World, Los Angeles, United States (2009)
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