Race, Racism, and the European Convention on Human Rights

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Autorentext
Kirsty Hughes is Lecturer in Law at the University of Cambridge, UK. Vandita Khanna is Doctoral Researcher at the University of Cambridge, UK.

Inhalt

1. Introduction*, Kirsty Hughes and Vandita Khanna (University of Cambridge, UK)*

Part 1: Race, Europe, and Human Rights Theory
2. Race and Law in Europe, Kirsty Hughes and Vandita Khanna (University of Cambridge, UK)
3. The Deracination and Domestication of Intersectionality in European Human Rights Law, Nozizwe Dube (Maastricht University, the Netherlands)
4. Colonialism, Coloniality, and the European Convention on Human Rights, Jens T Theilen (Helmut-Schmidt-University, Germany)
5. ECHR Law and Eastern Reaches of Europe: Exposing Fractures and Peripheries of Whiteness, Rights, and Belonging, Dagmar Rita Myslinska (Creighton University School of Law, USA)
6. Replacing Race, Replacing Religion, John Adenitire (Queen Mary University of London, UK)
7. The Prospects for an Antiracist European Court of Human Rights, Bharat Malkani (Cardiff University, UK)
8. Beyond or Within the Prohibition of Racial Discrimination? Addressing Structural Discrimination through International Human Rights Law, Daniel-Thabani Ncube (Freie University Berlin, Germany) and Mehrdad Payandeh (Bucerius Law School, Germany)

Part 2: European Human Rights Law through the Lens of Race
9. The European Court of Human Rights' Approach to Racism and State Violence: Rethinking Three Problematic Paradigms, Natasa Mavronicola (University of Birmingham, UK) and Elaine Webster (University of Strathclyde, UK)
10. Race and Counter-terrorism*, Tufyal Choudhury (Durham University, UK)*
11. Race and Hate Speech, Cengiz Barskanmaz (Humboldt University Berlin, Germany)
12. Race and Surveillance, Kirsty Hughes (University of Cambridge, UK)
13. Can the European Court of Human Rights Address the Issue of Xenophobic Discrimination? Moritz Baumgärtel (Utrecht University, the Netherlands)
14. Race and Segregation, Vandita Khanna (University of Cambridge, UK)
15. Race and Human Trafficking, Parosha Chandran (King's College London, UK)
16. The "Colour" of Sexual and Reproductive Health Rights: The Relationship Between Race, Colour, Descent, National or Ethnic Origin and Sexual and Reproductive Health, Meghan Campbell (University of Birmingham, UK)
17. Fair Trial Rights, Racial Justice and the Rule of Law: Doctrine and Theory under Article 6 ECHR, Nabil H Khabirpour (University of Cambridge, UK)
18. Domestic Abuse and Gendered Racism at the ECtHR: A Critical Analysis, Aradhana Cherupara Vadekkethil (University of Oxford, UK)
19. Race and Climate Change under the European Convention on Human Rights, Corina Heri (Tilburg University, the Netherlands)