geraldine scullion [email protected] · geraldine scullion...
TRANSCRIPT
Roma are EU’s most vulnerable ethnic minority:
◦ human rights abuses
victims of crime
coercive sterilization of women
e.g. VC v Slovakia
trafficking
◦ restrictions on movement
◦ poverty, exclusion and marginalisation
◦ segregated housing and education
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discrimination against Roma is denied
FRA - Impact of the Racial Equality Directive, views of Trades Unions and Employers, 2010: ◦ treatment not conceptualised as
discrimination
◦ didn’t see RED as applicable to Roma
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Reg 1612/68 on freedom of movement for workers within the Community
rights of citizenship under A17 of the Treaty establishing the EC ◦ no discrimination on nationality grounds
◦ right to move and reside within EU (Art 18)
Directive 2004/38/EC – the ‘free movement directive’ ◦ equal treatment, including the same social and
tax advantages, with MS nationals
Ibrahim C-310/08 and Teixeira C-480/08
Zambrano v Office National De L'Emploi C-34/0
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nationality excluded ◦ RD protects 3rd country nationals from
discrimination on racial grounds
racial or ethnic origin ◦ not defined
◦ concept of ‘race’ rejected
◦ differing interpretations in MSs
E.g. UK and Northern Ireland
◦ different protected grounds under ECHR
◦ ECJ recognised right to cultural identity in relation to choice of surnames Garcia Avello, C-148/02 [2003] ECR I-11613
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A14, European Convention of Human Rights 1950 - race, colour, descent, or national or ethnic origin, birth or other status
UN ICERD 1965, Article 1 - race, colour, descent, or national or ethnic origin
EU Social Charter, 1996 Part V Article E
Art 21 Charter of Fundamental Rights of European Union 2000
European Commission against Racism and Intolerance, General Policy Recommendation 7, 2002
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European Court of Human Rights ◦ Timishev v. Russia, 55762/00 and
55974/00 December 13, 2005 ‘ethnicity has its origin in the idea of societal groups marked by common nationality, tribal affiliation, religious faith, shared language, or cultural and traditional origins and backgrounds’
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‘as a result of their history, the Roma have become a specific type of disadvantaged group and vulnerable minority .. therefore require special protection..special consideration should be given to their needs and their different lifestyle both in the relevant regulatory framework and in reaching decisions in particular cases.. not only for the purpose of safeguarding the interests of the minorities themselves but to preserve cultural diversity of value to the whole community’(15766/03)
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associative discrimination ◦ Coleman v Attridge Law C-303/06 ECJ
carer discriminated against on grounds of her son’s disability
‘on grounds of’ includes another’s grounds
also covers perceived or assumed racial or ethnic origin
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what is the reason for the treatment? consequence of individual characteristics
lack of qualifications or skills
lack of personal documentation – Sampanis v Greece ECtHR 32526/05
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discriminatory advertisements included within RD concept of direct discrimination ◦ Centrum voor gelijkheid van kansen en
voor racismebestrijding v Firma Feryn NV, C-54/07, ECJ 2008
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ERRC research confirms employment discrimination – why no cases?
barriers include: ◦ obtaining proof of discrimination
use of ‘testing’
short time limits compounded by literacy, language, knowledge
of rights
cost, length and complexity of proceedings
lack of support to bring cases
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includes social security ◦ ECtHR Munoz Diaz v Spain 49151/07
healthcare – access to health care and social assistance ◦ ECSR complaints v Bulgaria
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social advantages ◦ E.g. discount rail cards, social grants for funeral
costs, guaranteed minimum income, student grants
education ◦ limited access to education
disproportionate numbers of Roma in schools for disabled
systematic educational segregation
separate schools or separate classes within mainstream schools
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access to and supply of goods and services which are available to the public ◦ services not defined
including housing ◦ not fully implemented in some MSs
◦ indirect discrimination covered
Roma experience: ◦ segregation in housing, discrimination in letting,
sale of property
◦ ECSR housing complaints – Italy, Portugal, France, Bulgaria
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multiple identities of Roma: women
◦ coercive sterilisation
◦ segregation in pre and post-natal health care
◦ dirty jobs etc
older Roma
children
disabled, gay, etc
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inadequate national law implementing directives ◦ E.g. not applied to public and private
sectors (Hungary), not outside employment (Latvia, Lithuania, Poland, Ireland), self-employment (Netherlands) etc
Kücükdeveci v Swedex GmbH & Co C-555/07, ECJ 2010
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need for legal representation
lack of support to bring cases ◦ Article 7(2) RED and A9(2) EED permit
organisations to engage in proceedings
victim led ◦ alternative models place statutory duty on
public authorities to eliminate racial discrimination
◦ actio–popularis (Bulgaria, Hungary)
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knowledge of rights
confidence in law ◦ Todorova v Bulgaria 37193/07 March
2010, ECtHR - racist stereotyping in sentencing violated Art6 & A14
victimisation protection ◦ Article 9 RD and A11EED
◦ reactive rather than proactive
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effective, proportionate and dissuasive ◦ Article 15 RD and A17 EED
ECJ principles established in Von Coulson [1984] ECR 1891 ◦ sanctions must guarantee real and effective
judicial protection and have a deterrent effect
imaginative approach ◦ proper financial awards
◦ ask national courts to order changes
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Articles 5 RED and A7 EED permit MSs to maintain or adopt specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin, or the grounds in the EED
examples:
◦ Czech R – subsidies for Roma in higher education
◦ Hungary – support Roma employment
◦ Decade of Roma Inclusion
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obligation on MSs to provide information and dialogue with social partners ◦ Article 10 &11 RD and Articles 12 & 13 EED
work with Roma activists ◦ Vesnicak Souziti, Czech Republic
◦ An Munia Tober, Northern Ireland - Irish Travellers’ equality and human rights training programme
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European Roma Rights Centre www.errc.org
Fundamental Rights Agency www.fra.europa.eu
Migration Policy Group www.migpol.com
European Court of Human Rights www.echr.coe.int
COE European Commission on Racism and Intolerance www.coe.int/ecri
European Roma Information Office www.erionet.org
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