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

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Abstract

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 com- pared 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 judg- ment offers welcome protection to foreign born citizens but that it fails to address the use of stereotypes underlying the discrimination complained of.
Original languageEnglish
Pages (from-to)467-479
Number of pages13
JournalEuropean Journal of Migration and Law
Volume18
Issue number4
Early online date14 Nov 2016
DOIs
Publication statusPublished - Nov 2016

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