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Sentencing Equity: Addressing Racial Disparities within the Framework of Article 6 of the ECHR
Sat, September 14, 8:00 to 9:15am, Faculty of Law, University of Bucharest, Floor: 1st floor, Constantin Stoicescu Room (2.24)Abstract
This paper delves into the urgent issue of racial disparities present in sentencing practices, set within the legal framework outlined in Article 6 of the European Convention on Human Rights (ECHR). Despite Article 6's foundational principles of equality and fairness, research consistently uncovers troubling inequities within the criminal justice system, particularly in terms of their disproportionate impact on racial and ethnic minorities. Through a comprehensive examination of case law, legislative provisions, and empirical studies, this paper sheds light on the multifaceted nature of sentencing disparities and explores potential avenues for achieving greater equity.
At the core of the discussion is the examination of Article 6 of the ECHR as a vital legal instrument for safeguarding the right to a fair trial and ensuring equal protection under the law. Through an analysis of pertinent jurisprudence from the European Court of Human Rights (ECtHR), this paper elucidates the evolving interpretation of Article 6 within the context of racial disparities, highlighting significant decisions and emerging trends.
Additionally, this paper puts forth practical strategies for promoting sentencing equity within the framework of Article 6, including improved data collection, standardised sentencing guidelines, and diversification of judicial decision-making bodies. It also stresses the need for robust accountability mechanisms to monitor compliance with human rights standards and address instances of discriminatory sentencing practices.
In conclusion, this paper advocates for a paradigm shift in sentencing policies and practices to uphold the principles of equality, dignity, and justice enshrined in Article 6 of the ECHR. By fostering a more inclusive and rights-based approach, it aims to contribute to the realisation of a fair and equitable criminal justice system that reflects the diverse societal values and aspirations of the European community.