Critical reflection on the approach of Czech justice in protecting members of the Roma ethnicity in the matter of protection against discrimination in obtaining rental housing with regard to the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union
Abstract
The objective of the contribution is primarily to examine the Czech judicial interpretation of the Anti-Discrimination Act, as a more detailed definition of Article 3 paragraph 1 and Article 24 of the Charter and the balancing of proportionality with the execution of property rights guaranteed in Article 11 of the Charter and the processing of relevant European Union regulations. In particular, the focus will be on how courts apply protection against discrimination in regard to the issue of obtaining rental housing for members of the Roma ethnicity and whether this interpretation meets international obligations.
In the second part, the contribution will focus on how this conflict of two rights is assessed in the case law of the Court of Justice of the European Union and the European Court of Human Rights, and I will evaluate to what extent the interpretation of Czech courts is in conformity with this case law. However, the protection of property rights and the possibilities of its legitimate limitation for the protection against discrimination of tenants, state decisions in cases of discrimination, and how much the situation of particularly vulnerable groups in the case of D.
H. and others against the Czech Republic can also be applied to the issue of rental housing will also be of interest. In conclusion, an analysis of current Czech practice and an evaluation of whether the current approach is sufficient in the context of international case law, decisions of relevant European bodies, and current international practice will be conducted.
From this analysis, specific recommendations will be drawn on what Czech authorities should focus on in the future.