The European Court of Human Rights has rejected a New Age Traveller's argument that an injunction breached her right to pursue her way of life under Article 8 ECHR. Ms Horie was subject to an injunction which restrained her from setting up an unauthorised camp in woodlands in the UK. When the matter reached the UK Supreme Court, they confirmed the injunction. Ms Horie and her children moved to bricks and mortar accommodation. In her claim to the ECtHR, she argued that the UK Supreme Court had failed to consider the question of proportionality in upholding the injunction.
The Court noted that the Applicant enjoyed no right under domestic law to reside on that encampment and would have been committing an offence had she done so. They further noted that Article 8 ECHR imposes no obligation on member states to make available suitable sites to gypsy communities, citing Chapman v the United Kingdom. They declared Ms Horie's application inadmissible.
Although they stated that the matter did not require them to decide on the protection to be afforded to New Travellers, they did make the following comment: "Unlike Romani gypsies, who are widely recognised as an ethnic group, and Irish Travellers, who are a traditionally nomadic people with their own culture and language, New Travellers live a nomadic lifestyle through personal choice and not on account of being born into any ethnic or cultural group".
It is noteworthy that both English and ECHR case-law recognise the status of Irish Travellers as a separate ethnic minority, whilst Ireland's legislation and State policy does not.
The UN Committee on the Elimination of Racial Discrimination will this week question the State on its treatment of Travellers and other ethnic minorities. Please click here to view the Irish Times article. Please click here to view this week's schedule for the UN Committee.
The shadow report of the NGO Alliance Against Racism on the Convention on the Elimination of all forms of Racial Discrimination ("CERD") calls on the State to recognise Travellers as an ethnic group. Please click here to view their report.
In their shadow report on CERD, Pavee Point recommended that The Government engage in dialogue with Travellers to understand the basis for the ethnicity claim to work towards formal recognition of Traveller ethnicity. Please click here to view their report.
The Irish Traveller Movement also recommended that the State formally recognise the ethnic status of the Irish Traveller Community in their shadow report on CERD. Please click here to view their report.
Finally, please click here to view a post by Siobhan Cummiskey of the Irish Traveller Movement Law Centre on the ethnic status of Travellers.