Roma Rights 1, 2005: Positive action to ensure equality

11 March 2005

The principles of equality and non-discrimination are fundamental to human rights. They are enshrined in international human rights law and in many domestic constitutions. Recognising that formal equality or treating everyone the same is not conducive to the elimination of barriers facing certain groups, a number of the human rights treaties of the United Nations system oblige states to adopt special measures to address inequalities based on race, gender, disability, etc. Such measures, described also as positive or affirmative action, are acceptable where they are carefully tailored to match particular circumstances, and are proportionate, and are temporary until the objectives of the special measure has been achieved. European Union law also encourages Member States of the EU to adopt special measures to promote equality.

Roma Rights 1, 2005 brings together discussions of the current state of efforts to make good on the equality promises of international and domestic law. An article by Barbara Cohen details the evolution of the concept of equality and the legislative and policy efforts in the United Kingdom to challenge institutional racism through imposing a positive duty on public authorities to promote equality. Olivier De Schutter responds to ERRC questions concerning the idea of a Roma Integration Directive -- an EU legal instrument which would oblige states to undertake action to integrate Roma -- proposed by the EU Network of Independent Experts in Fundamental Rights. Alexandra Xanthaki discusses the proposal in detail. Claude Cahn analyzes the European Court of Human Rights ruling on the case of Connors v. UK and its implications for establishing a right to positive action.

Roma Rights 1, 2005: Positive action to ensure equality (PDF)

• Binding States by Law to Roma Inclusion 

• Positive Obligations: Shifting the Burden in Order to Achieve Equality (Barbara Cohen) 

• Towards Realising a Right to Positive Action for Roma in Europe: Connors v. UK (Claude Cahn) 

• EU Roma Integration Directive – Filling the Gap in the Equality Legal Regime (Interview with Mr Olivier De Schutter, Coordinator of the EU Network of Independent Experts in Fundamental Rights) 

• The Future of Romani: Toward a Policy of Linguistic Pluralism (Yaron Matras) 

• Keeping the Criminality Myth Alive: Stigmatisation of Roma through the Italian Media (Claudia Tavani)

• Albania * Bulgaria * Czech Republic * Denmark * Greece * Hungary * Italy * Kosovo * Lithuania * Romania * Russia * Serbia and Montenegro * Slovakia * Slovenia * Spain * Ukraine * United Kingdom  

• Legal Practice under the Bulgarian Protection against Discrimination Act (Daniela Mihaylova)

• ERRC Continues Cooperation with the Swedish Ombudsman against Ethnic Discrimination for Human Rights Training of Roma in Sweden (Larry Olomoofe) 

• My Life as a Refugee, 1999-2004 (Džavit Berisa) 

• Koncepto Thaj Praksa Afirmative Akciako (Romani language translation of "Concept and Practice of Affirmative Action", a report by the UN Special Rapporteur on the Prevention of Discrimination and Protection of Indigenous Peoples and Minorities)

• The Personal is the Political: A Story of Another Journey from India (Zarine Habeeb) 

• Chronicle