Praxis, with support of ODIHR project “Good Practices for Roma Integration in the Western Balkans”, organized a workshop for member organizations of Western Balkans Legal Aid Network (WeBLAN) in Belgrade on 4 June 2013. As one of WeBLAN proclaimed goals is contribution to prevention and fight against discrimination of marginalized communities and strengthening of regional connections and cross-border cooperation, the workshop was held with an aim to acquire new knowledge in the area of protection from discrimination and exchange of experience the organizations had in relation to advocating for and protecting of victims of discrimination. The guest lecturer at the workshop was Adam Weiss, legal director of AIRE Centre from London.

The introductory part of the workshop focused on strategic litigation in the area of discrimination with special reference to identification and development of strategic cases related to registration in birth and citizenship registry books. Adam Weiss presented the cases of strategic litigation at European level, different types of strategic cases and their contribution to advocating for changes. While considering the elements of possible strategy of the solution of identified problems, Adam presented different levels of interventions  which human rights organization can use – advocating in a great number of cases before the first-instance and second-instance bodies and thus providing a potential strategic case, the third party intervention in procedures before the European Court of Human Rights, writing reports on the situation in practice to be submitted to relevant contracting bodies and EU authorities and presenting cases from practice in support to identified problems.

During the discussion about strategies used by organizations from the region, it was determined that most of the organizations had reacted to cases of discrimination at different levels, and that some of their cases could be strategic. Most of cases in the region referred to discrimination in the area of education and discrimination against disabled persons, but also to registration in registry books and exercise of the right to adequate housing. The conclusion was that joint characteristic of the courts proceeding upon discrimination cases is insufficient knowledge of international standards in the area of protection from discrimination, relevant practice, but also unwillingness to determine discrimination as such.

Relying on discussion and identified problems, the second part of the workshop referred to presentation of  the case law of the European Human Rights Court and representation of cases which could serve as the basis for conducting cases of protection of Roma from discrimination before the national bodies. The case law was considered in the context of the right to respect for private and family life. The issues that were particularly considered referred to whether the state had interfered in the exercise of that right and if yes whether such interference was in accordance with the law, whether it had had the legitimate goal and had been necessary in a democratic society. Once again, the significance of notifying the individual cases and stories as the most convincing way to test the limits of the implementation of the principle of proportionality was emphasized once again.

Finally, the last subject for discussion referred to possibilities of the use of situational testing in proving discrimination. As none of WeBLAN member organizations had practical experience in the use of situational testing, the participants were trying to develop plans for testing of potential cases and considering the advantages and disadvantages of proposed plans, and possibility of their implementation.

The workshop was attended by 40 participants including the representatives of WeBLAN organizations and the project “Good Practices for Roma Integration in the Western Balkans” and the representative of Tirana Legal Aid Society.

Download: Presentation by Adam Weiss