Fighting Discrimination in Europe by unknow

Author:unknow
Language: eng
Format: epub
ISBN: 9781135749408
Goodreads: 18556480
Publisher: Routledge
Published: 2013-09-13T00:00:00+00:00

Conclusions

The notion of discrimination was adopted in relation to the situation of the Roma at a late stage. This concept provided the tools for changing the Roma's situation, mainly through the fight against discrimination. In turn, this entire process led to the creation of a model for the protection of the Roma, based exclusively on the issue of discrimination and on the fight against it. This enabled NGOs representing Roma interests on the one hand to concentrate the protection of the Roma around issues of dignity and equality; on another hand it gave them the opportunity to use various international and European instruments. The Strasbourg case law represents a powerful illustration of this process.

In some contexts, such as the current perception and treatment of the Roma in Italy and France, the whole process of categorization of the Roma as a discriminated group and in particular the use of the RED, can become very valuable in giving greater legal protection to the Roma and providing better tools for achieving it. Nevertheless, there is a need for greater caution and for a more diverse view when attempting to understand the situation of the Roma and when creating legal protection for them. The focus on discrimination, even if positive in some aspects, can have negative effects, such as the omission of other aspects of the Roma's situation. This is particularly valid for the preservation and development of Romani cultural identity, which is too often ignored or left aside. Moreover, the focus on the discrimination issue wipes out an entire historical context, that of the encounters and interactions between Gypsies/Roma and the majority populations, and it can easily disrupt the balance achieved at local and community levels. Indeed, the historical context, but also the local and national context, should be used to counterbalance too uniform a view, according to which the Roma is solely a discriminated group, which only needs legal protection against discrimination.

Although the categorization of the Roma as a discriminated group is necessary in order to make use of some legal tools for their legal protection, there is a need to go beyond this discourse and find further ways to protect the Roma. These include, inter alia, consultation, encouragement of the initiatives coming from the Roma communities, and development of dialogue between the Roma and other groups in society.

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