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Discrimination against Roma in access to housing: a domestic perspective

Publication at Faculty of Law |
2023

Abstract

The article discusses the issue of discrimination against Roma in access to the market housing, primarily in the domestic context. Discrimination represents an illegitimate and unjustifiable differentiation and disparate treatment, constituting a direct violation of the right to equal treatment and the principle of equality.

The right to equal treatment is regulated both at the constitutional level (Article 1, Article 3 paragraph 1 of the Charter of Fundamental Rights and Freedoms) and the statutory level. The most significant legislative act that establishes and specifies this right at the statutory level is Anti-Discrimination Act.

This act, besides defining direct and indirect discrimination, also lists 'prohibited' reasons for differentiation and criteria, including, among others, race, ethnic origin, or nationality. The article will focus on how the aforementioned anti-discrimination legislation is interpreted and applied in domestic practice, with a particular focus on the decision-making activity of the courts.

The role of the Public Defender of Rights Office is also significant; hence, the article will also introduce the relevant agenda of this institution. In conclusion, the author will examine the selected topic in a broader, societal context and highlight certain issues (inconsistencies in domestic courts' assessment of discriminatory behavior or partial deficiencies of the current anti-discrimination legislation) that continue to persist in this legal area.