The alternative law and legal pluralism. The case of the Roma in the European court of human rights

Identifier:  TFG:162

Handle: https://hdl.handle.net/20.500.11797/TFG162

Authors:  Pérez Sangenís, Daniel

Abstract:
This paper deals with the way of doing justice for those groups of people who are in a vulnerable position and that require an unconventional application of the law to satisfy their legitimate claims. We discussed the implementation of an alternative law; the first major manifestation arises from the hands of the judiciary, both judges and lawyers doing legal practice and an interpretation consistent with the law and at the same time for protection to minorities. For the success of this purpose it’s required a pluralistic legal system, a state system that accepts the concurrence of different normative legal ordinance, avoiding the traditional monistic legal framework and giving a way for the coexistence of the legal status of the rights recognized minorities with local, national and international laws. The case of the gypsy ethnic group in the light of the jurisprudence of the European Court of Human Rights is analyzed, being today the Court the ultimate guarantor of the protection of their rights and also the controller and the justice guide of each one of the States of the European Union.