‘Purely Gypsy Behaviour’: Interpreting Negative Stereotypes in Racist Police Violence Cases at the European Court of Human Rights

Abstract

The European Court of Human Rights has issued judgements that condemn negative stereotypes and protect vulnerable groups from discrimination. Paradoxically, in cases where the victims’ bodily integrity is violated in a racist context, the Court has a particularly dubious record of fully engaging with the discrimination aspect of the complaints. This article analyses five illustrative cases where evidentiary materials indicate the authorities held strong prejudices against Romani victims of police violence. Through the lens of vulnerability and anti-stereotyping, the article examines how the Court responds to the presence of negative stereotypes in anti-Romani police violence cases. It shows that the Court’s engagement with stereotypes in these cases is inconsistent. The article suggests that a more conscious engagement with the wider societal context of anti-Romani police violence could strengthen the Court’s stance against harmful Romaphobic stereotyping.