Lauren Hartley
ABSTRACT
The Roma people have faced centuries of discrimination and prejudice in Europe. Recent expansions of the European visa–free travel zone triggered yet another form of discrimination against Roma individuals. After Roma began making false asylum claims in the European Union, officials pressured the source nations to stem the tide of false asylum seekers. Macedonia, one of the primary source nations, responded to the pressure by developing a set of practices that arguably include racial profiling targeted primarily at Roma people.
This Comment discusses how Macedonia may be liable for claims of racial profiling under two adjudicatory bodies—the United Nations Human Rights Council and the Council of Europe’s European Court of Human Rights. In addition, this Comment compares both adjudicatory bodies by analyzing each entity’s precedent, procedure, standards of proof, and ability to provide a remedy. Then, this Comment evaluates the venues and possible outcome for a claim lodged by a Roma person against the Macedonian government. Finally, this Comment will recommend that a Roma individual pursuing a grievance against the Macedonian government for racial profiling bring their claim in the European Court of Human Rights.
preferred citation: Lauren Hartley, You Shall Not Pass: The Roma “Travel Ban,” Racial Profiling in Macedonia, and Remedy Under International Law, 119 Penn St. L. Rev. 583 (2014)