Rewriting Abdulaziz: The ECtHR Grand Chamber’s Ruling in Biao v. Denmark

in European Journal of Migration and Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

In the case of Biao v. Denmark the ECtHR Grand Chamber found that Danish rules on family reunification amounted to indirect ethnic discrimination of Danish nationals of foreign origin. This judgment entails an important turn in the Court’s case law compared to the classic case of Abdulaziz, Cabales & Balkandali v. the United Kingdom. Its scope is, however, limited to discrimination against naturalised citizens and does not extend to ethnic discrimination against non-nationals. This article argues that the judgment offers welcome protection to foreign born citizens but that it fails to address the use of stereotypes underlying the discrimination complained of.

Rewriting Abdulaziz: The ECtHR Grand Chamber’s Ruling in Biao v. Denmark

in European Journal of Migration and Law

Sections

References

1

ECtHR 28 May 1985Application Nos 9214/80 9473/81 and 9474/81.

5

Joppke (2005)op. cit. p. 18.

18

See notably W.R. Brubaker (2004) Ethnicity without groups Cambridge ma: Harvard University Press.

19

For example M.J. Busstra (2010) The implications of the Racial Equality Directive for minority protection within the European Union Utrecht: Eleven International at pp. 30–32.

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 5 5 3
Full Text Views 10 10 10
PDF Downloads 4 4 4
EPUB Downloads 0 0 0