Narratives of social inclusion in the context of Roma school segregation

Despite a series of judgements from the European Court of Human Rights and the enactment of the EU Racial Equality Directive, the educational segregation of Roma pupils persists in several European states. State action plans submitted pursuant to the European Framework for Roma Integration rarely provide clear targets and do not commit to inclusive schooling. Taking education as a principle indicator of social inclusion, this article identifies that structural inequality and entrenched discriminatory attitudes are the main obstacles to Roma inclusion. This can only be addressed through the diffusion of legal and social norms that mainstream equality. Focusing on the legal obligations, it is argued that the European Commission must be more decisive and effective in the enforcement of non-discrimination rules. A closer dialogue between the European Court of Human Rights and the EU institutions, grounded in a non-targeted social inclusion frame, could provide a platform for European consensus which may help to secure meaningful change

Divide and teach: educational inequality and the Roma

This paper will discuss the decision of the Grand Chamber of the European Court of Human Rights in DH and Others v Czech Republic which found that the practice of sending Roma pupils to special schools in order to provide remedial education undermined the human rights to education and non-discrimination contrary to the European Convention on Human Rights. The case highlights the degree of exclusion that Roma children face in the Czech Republic, yet this entrenched inequality is not unique to the region or to the context of education. The decision also clarifies the interpretation of indirect discrimination under Article 14 of the Convention. The EU Equal Treatment Directive has paved the way for an enlightened approach to the question of indirect discrimination and in particular shifts the burden of proof to the respondent once a prime facie case is established. The Grand Chamber’s decision supports this approach and endorses the use of verifiable statistics in order to demonstrate prime facie discrimination. It also enables a broader enquiry into the societal context behind the facts

Roma expulsions and discrimination: the elephant in Brussels

This article will critically examine the treatment of migrant Roma in Western Europe, particularly Italy and France, in the light of the obligations under the E U Citizenship Directive 2004/38. The role of the political institutions will be considered, especially the European Commission, who have yet to take a decisive position on the Roma expulsions and on the wider issue of Roma discrimination in Europe. It is argued that the focus on non-discrimination cannot address the entrenched inequality which characterises the Roma's situation in Europe. Furthermore, that the comparative disadvantage experienced by Europe's Roma communities constitutes a major human rights crisis which has so far been side-lined by Brussels. A European strategy is urgently required which demands leadership from the Commission and the full participation of Roma representatives

Some Europeans are more equal than others

The position of Roma migrants in the EU presents an anomaly which challenges the foundations of European Union law. As Union citizens, European migrants are entitled to freedom of movement and residence in Member States. Yet the rights intended to secure this position have been routinely and selectively denied to Roma migrants, leading to forced evictions and collective expulsions without regard t o European Law. As has been evidenced in the UK, Roma arrivals are viewed with particularly acute suspicion; a response which reflects their double stigmatization as both immigrant and Roma. At the same time, Roma migration from new Member States has expo sed a contradiction inherent in the citizenship project which strikes at the heart of the Union ’s human rights credentials. The degree of exclusion and inequality faced by Europe’s largest minority in all Member States is the most pressing internal human rights issue facing the EU. Yet the European institutions continue to lack a coherent response and defined strategy. The current European framework demanding National Action Plans is commendable in that it prevents individual states from abdicating responsibility for the situation of their Roma citizens. Nevertheless, the absence of clear targets, Roma engagement and European leadership, suggest that this strategy is doomed to failure offering little more than a distraction. In a Union predicated on, inter alia, the rule of law, respect for human rights and the protection of minorities, this detached position undermines the legitimacy of the entire citizenship project

Warehouses and window-dressing: a legal perspective on educational segregation in Europe

The right to receive an education free from discrimination is a well-established principle of international human rights law and is protected by the EU Race Equality Directive. The landmark decision of the European Court of Human Rights in DH and Others established that the segregation of Roma pupils violated their right to an education free from discrimination. It might thereafter have been expected that States in which Roma disproportionately attend remedial schools or classes would begin to move towards desegregation. Yet progress has been lamentably slow, with similar judgements handed down to Greece, Croatia and Hungary. Meanwhile Roma pupils continue to receive an unequal, inferior education in many European states. The persistence of segregation threatens social inclusion and demands that the European institutions adopt a much more assertive position

No place called home. The banishment of 'foreign criminals' in the public interest: a wrong without redress

This article examines the legal and ethical rationale for the deportation of 'foreign criminals' who have established their homes in the United Kingdom. It argues that provisions relating to automatic deportation constitute a second punishment that can be more accurately described as banishment. The human rights of those defined as 'foreign criminals' have been reduced to privileges that are easily withdrawn with reference to the ill-defined public interest. The ability to challenge deportation is then compromised by a non-suspensive appeal process that deliberately undermines the right to an effective remedy whilst further damaging private and family life. With reference to social membership and domicile theories of belonging, it is suggested that those who have made their lives in the UK and established their place and domicile here should be regarded as unconditional members of civil society. As such, they are entitled to equality of treatment in the criminal justice system and should be immune from punitive 'crimmigration' measures