Abstract
This chapter expands on the importance of positive action for Roma. The use of this human rights instrument is indispensable in order to achieve full and effective equality for members belonging to this ethnic minority. Measures can pursue remedial, cultural, societal, pedagogical, and/or economic aims. Emphasis is put on the diverse range of positive action measures that are needed to advance Roma inclusion in Europe. It is argued that the proportionality principle allows the implementation of both soft and strong measures for Roma. Furthermore, this chapter considers why, despite the clear benefits of this human rights instrument in the promotion of substantive equality for Roma, it has failed to reach its full potential in the EU so far. The five main challenges are identified and analysed. It concerns the lack of awareness-raising activities about positive action and the need for such measures, the absence of genuine political will to tackle Roma issues, the lack of (reliable) disaggregated data on Roma, the lack of active participation of local Roma communities in positive action schemes, and the inadequate, short-term, and often top-down funding of positive action for Roma.
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Notes
- 1.
- 2.
This was previously mentioned in Chap. 6 (Sect. 6.4.1) on the remedial aim, Chap. 7 (Sect. 7.2.4) on the inclusion of a general obligation for States to adopt positive action since 2009 within the framework of the International Covenant on Economic, Social and Cultural Rights, and Chap. 8 on the mandatory nature of positive action under circumstances according to the ECSR and the ACFC (Sect. 8.1.2), and on non-gender based positive action measures within the EU framework (Sect. 8.2.3).
- 3.
- 4.
- 5.
- 6.
- 7.
- 8.
- 9.
- 10.
- 11.
- 12.
- 13.
Boccadoro (2009), p. 30.
- 14.
Van Caeneghem (2013), p. 227.
- 15.
Id.
- 16.
See, for example: EctHR, Oršuš and Others v. Croatia, Judgment (16 March 2010, GC), para. 157. EctHR, D.H. and Others v. the Czech Republic, Judgment (13 November 2007), paras. 181 and 207. EctHR, Chapman v. the United Kingdom, Judgment (18 January 2001, GC), paras. 95 and 96. EctHR, Beard v. the United Kingdom, Judgment (18 January 2001, GC), paras. 106 and 107. The case law of the EctHR on Roma was previously considered in Chap. 2 (Sect. 2.7) on socio-economic rights and in Chap. 8 (Sect. 8.1.1) on the EctHR’s case law on positive action.
- 17.
- 18.
- 19.
Commission Communication, Joint Report on the application of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘Racial Equality Directive’) and of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Employment Equality Directive’) (17 January 2014), p. 13. Boccadoro (2009), p. 30; Kostadinova (2006), p. 1. This was explained in Chap. 6 (Sect. 6.1.4) on the limits of the formal approach to equality. See also Chap. 1 (Sect. 1.3) where the two main topics of the book were introduced.
- 20.
- 21.
Kostadinova (2006, p. 3) cites a Bulgarian case of 2005, where the prosecutor referred to the “psychology of this population (i.e. the Roma)” in order to explain why a person was not able to restrain himself in a case involving a tragic work accident that led to the death of a Roma man.
- 22.
- 23.
Kostadinova (2006), p. 2.
- 24.
Id.
- 25.
- 26.
- 27.
- 28.
Hollo (2006), pp. 27 and 41.
- 29.
- 30.
CERD Committee, General Recommendation No. 27: Discrimination against Roma (16 August 2000), paras. 19, 21, 22, 28, 29, 39 and 41.
- 31.
- 32.
- 33.
Positive action for Roma in four key areas will be discussed in Chap. 10.
- 34.
See Chap. 10 on positive action in four key areas.
- 35.
Other successful policy conditions to promote Roma inclusion mentioned comprise multi-sector approach to social inclusion to overcome fragmentation, effective coordination of policy implementation between different levels—central, regional and local—of governments, sustainable long-term social inclusion policies that go beyond separate projects, combining targeting and mainstreaming to approach multi-dimensional Roma inclusion concerns, adequate participation of Roma in public affairs, and the collection of accurate data about Romani communities to develop, implement, assess and transfer effective evidence-based policies. Guy et al. (2010), pp. 4 and 5; Hollo (2006, p. 33) mentions mainstreaming of Roma needs in general policymaking and comprehensive anti-discrimination legislation in addition to positive action measures as parts of national action strategies for Roma.
- 36.
- 37.
- 38.
- 39.
- 40.
- 41.
ACFC, First Opinion on the Czech Republic (6 April 2001), para. 29; ACFC, First Opinion on Hungary (22 September 2000), para. 18; Commission Communication, Joint Report on the application of Racial Equality Directive and of Employment Equality Directive (17 January 2014), pp. 9 and 13; Equinet (2010), pp. 22 and 23; International Centre for Migration Policy Development (ICMPD) (2008), para. 8; Hollo (2006), pp. 7 and 10. Positive action for Roma in these four key areas will be considered in Chap. 10.
- 42.
See, for example: ACFC, First Opinion on Ireland (22 May 2003), paras. 34 to 37; ACFC, First Opinion on the Czech Republic (6 April 2001), para. 29; ACFC, First Opinion on Hungary (22 September 2000), paras. 18 and 19; Commission Proposal for a decision of the European Parliament and the Council of on the European Year of Equal Opportunities for All 2007 – Towards a Just Society (1 June 2005), pp. 4 and 5; Roma Education Fund (2009), p. 131; Hollo (2006), pp. 26–29, 40, 60 and 61; Kostadinova (2006), p. 3.
- 43.
- 44.
Framework Convention for the Protection of National Minorities (1 February 1995) (FCNM), art 5.2; Hollo (2006), p. 27; Recommendation 1557 of the Parliamentary Assembly on the Legal Situation of the Roma in Europe (25 April 2002), para. 9. For more on cultural identity, see Chap. 1 (Sect. 1.2.4). Assimilation was considered in Chap. 2 on the notions social inclusion, diversity and pluralism (Sect. 2.3) and on minority rights protection (Sect. 2.4).
- 45.
- 46.
Fredman (2002), pp. 10–16.
- 47.
Sabbagh (2013), pp. 32 and 33.
- 48.
Roma Education Fund (2009), pp. 122 and 124.
- 49.
Id. at p. 123.
- 50.
- 51.
- 52.
- 53.
- 54.
Babouri (2014), p. 3; Koldinská (2011), pp. 253 and 254; Fredman (2009), p. 84; European Network Against Racism (ENAR) (2008), p. 3; Hollo (2006), p. 10. For more on intersectional discrimination, see Chap. 1 (Sect. 1.2.3.2) on the situation of Roma women and Chap. 5 (Sect. 5.1.3) on the insufficient regard to the gender dimension in data collection efforts on Roma. The importance of adopting a gender approach to Roma mediation will be stressed in Chap. 11 (Sect. 11.8).
- 55.
ACFC, First Opinion on Hungary (22 September 2000), para. 19.
- 56.
- 57.
- 58.
- 59.
Sudetic and Jovanovic (2013).
- 60.
The ERRC published several reports on the political participation of Roma. See, for example: ERRC (2013); ERRC (2003), pp. 1–169. The European Roma Information Office (ERIO) also released several fact sheets on the issue. See, for instance: ERIO (2007, 2016). See also: Sudetic and Jovanovic (2013); ERIO (2010), p. 9; Guy et al. (2010), p. 5; Hollo (2006), p. 21. The importance of effective participation of minorities in public life was underlined in Chap. 2 (Sect. 2.4.4) on minority rights protection.
- 61.
Hollo (2006), pp. 35 and 36.
- 62.
- 63.
Sudetic and Jovanovic (2013).
- 64.
For instance, Albania lowered the threshold while Germany and the Polish Lower Chamber completely remove it. In countries such as Croatia, Kosovo, and Romania one or more seats are reserved for Roma in Parliament. The ACFC welcomes such measures. See, for example: ACFC First Opinion on Croatia (6 April 2001), paras. 161 to 163; ACFC, First Opinion on Germany (1 March 2002), para. 63; ACFC, First Opinion on Poland (27 November 2003), para. 86; Hollo (2006), p. 36.
- 65.
Hollo (2006), pp. 23 and 36.
- 66.
- 67.
- 68.
- 69.
- 70.
- 71.
- 72.
Roma Education Fund (2009), pp. 102, 113, 114 and 123.
- 73.
Id.
- 74.
Roma sometimes hide their Roma identity to avoid discrimination and stigmatisation. Roma Education Fund (2009), pp. 102, 113, 114 and 122.
- 75.
- 76.
- 77.
- 78.
Roma Education Fund (2009), p. 131.
- 79.
- 80.
Ciaian et al. (2018).
- 81.
Id. at p. 5.
- 82.
The study focused on alternative Roma integration policies in education and employment in Bulgaria, the Czech Republic, Hungary, Slovakia and Romania. Ciaian et al. (2018).
- 83.
- 84.
- 85.
This was underlined in Chap. 6 on the notion positive action (Sect. 6.1), the broad spectrum of measures falling under the positive action umbrella (Sect. 6.2.2), and the different aims of positive action (Sect. 6.4); in Chap. 7 (Sect. 7.3.2) on the case-by-case consideration of the proportionality requirement by UN bodies; in Chap. 8 when analysing the CJEU’s proportionality principle (Sect. 8.2.2.5), and when discussing the opportunities that future case law on positive action on other discrimination grounds than gender creates (Sect. 8.2.4).
- 86.
European Commission (2009), p. 23. Proportionality was identified as a normative element of positive action in Chap. 6 (Sect. 6.1.2.2). The opportunities created by the CJEU’s future case law on positive action based on other discrimination grounds than gender were considered in Chap. 8 (Sect. 8.2.4).
- 87.
For more on the proportionality principle, see Chap. 6 (Sect. 6.1.2.2) on proportionality as a key element of positive action, Chap. 7 (Sect. 7.4) on the role of proportionality in the UN framework on positive action, and Chap. 8 on the apparent acceptability of strong measures in certain contexts within the CoE framework (Sect. 8.1.4), and on impact of the unclear proportionality principle on positive action in the EU framework (Sect. 8.2.2.5).
- 88.
- 89.
In the Netherlands, for instance, “(a) website and a web-based forum were set up to facilitate exchange of experience and has also served as a platform for the organisation of public events and campaigns to enhance the visibility of LGBT people in employment”. European Commission (2009), pp. 40 and 58.
- 90.
- 91.
- 92.
- 93.
- 94.
CERD Committee, General Recommendation No. 27: Discrimination against Roma (16 August 2000), paras. 28 and 29.
- 95.
- 96.
ACFC, Second Opinion on Croatia (1 October 2004), paras. 161 to 163.
- 97.
- 98.
- 99.
- 100.
Hollo (2006), pp. 29 and 63.
- 101.
- 102.
These include Bulgaria (the CoE estimates approximately 750,000 or 9.94% of the total population; the 2011 official census counted 325,343 or 4.9% of the total population), Slovakia (CoE estimates approximately 490,000 or 9.02% of the total population; the NRIS estimates approximately 440,000), Romania (CoE estimates approximately 1,850,0000 or 8.63% of the population; Romanian government estimates approximately 730,000 to 970,000) and Hungary (CoE estimates approximately 750,000 or 7.49% of the total population). European Commission (2014b, c, d, e).
- 103.
For example, the Roma community in Belgium is estimated to stand at approximately 30,000 or 0.28% of the total population. European Commission (2014a).
- 104.
- 105.
- 106.
- 107.
- 108.
- 109.
- 110.
- 111.
For the UN framework, see Chap. 7 on the context dependency of the optional or mandatory nature of positive action (Sect. 7.2), the case-by-case consideration of the proportionality requirement (Sect. 7.3.2), and the prohibition of the maintenance of permanent, separate standards (Sect. 7.4.2). For the CoE framework, see Chap. 8 on the mandatory nature of positive action under certain circumstances according to the ECSR and the ACFC (Sect. 8.1.2), on proportionality as a limit to positive action in Europe (Sect. 8.1.3), and on the apparent acceptability of strong positive action measures in certain contexts (Sect. 8.1.4).
- 112.
It concerns the following instruments: Revised European Social Charter (3 May 1996). FCNM. Convention on the Elimination of All Forms of Discrimination against Women (18 December 1979). International Covenant on Civil and Political Rights (16 December 1966). International Covenant on Economic, Social and Cultural Rights (16 December 1966). International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965).
- 113.
- 114.
- 115.
- 116.
- 117.
- 118.
See, for example, for the various perceptions of positive action for Roma in education in Romania: Roma Education Fund (2009), pp. 10 and 45–51.
- 119.
The study cites Hungary and Slovakia. European Commission (2009), p. 41.
- 120.
Hollo (2006, pp. 6 and 10) also identifies the unavailability of data to establish indirect discrimination, the absence of a duty to promote equality, challenges in accessing the legal system, and limited remit of specialised bodies as problematic. Equinet (2010), p. 25. Roma Education Fund (2009), p. 46.
- 121.
- 122.
Id. at pp. 49 and 51.
- 123.
- 124.
See, for example: ECRI, Third Report on Slovenia (30 June 2006), para. 34; ECRI, Third Report on the Former Yugoslav Republic of Macedonia (FYRM) (25 June 2004), paras. 147, 148 and 153; ECRI, Third Report on Spain (24 June 2005), para. 107; ECRI, Third Report on Poland (17 December 2004), para. 119.
- 125.
Commission Staff Working Document, Accompanying the document report on the implementation of the EU framework for National Roma Integration Strategies (2 April 2014).
- 126.
- 127.
See, for example: ECRI, Third Report on Slovenia (30 June 2006), para. 34; ECRI, Third Report on the FYRM (25 June 2004), paras. 147, 148 and 153; ECRI, Third Report on Poland (17 December 2004), para. 119; ECRI, Third Report on Spain (24 June 2005), para. 107; Corsi et al. (2010), p. 137; Equinet (2010), p. 25; Roma Education Fund (2009), p. 132; European Commission (2009), p. 41; Hollo (2006), pp. 37, 41 and 42.
- 128.
Hollo (2006), p. 24. The need for ethnically disaggregated data on Roma will be addressed in Sect. 9.2.3.1. This need was previously repeatedly stressed, including in Chap. 1 (Sect. 1.3) when introducing the two topics of this book. For more on the link between ethnic data collection and positive action, see Chap. 4 (Sect. 4.1.4) and Chap. 6 (Sect. 6.3.4).
- 129.
- 130.
ECRI, Third Report on the FYRM (25 June 2004), paras. 147, 148 and 153.
- 131.
Hollo (2006), pp. 42 and 49.
- 132.
- 133.
Hollo (2006), p. 39.
- 134.
ECRI, Third Report on Poland (17 December 2004), para. 119. European Commission (2009), pp. 42, 63 and 65. It was explained in Chap. 6 (Sect. 6.5.2) that negative perceptions by (members of) non-targeted groups may limit the effectiveness of positive action schemes. The role of the media in fuelling negative stereotypes of Roma was stressed in Chap. 1 (Sect. 1.2.1).
- 135.
ECRI, Third Report on Poland (17 December 2004), para. 119.
- 136.
CERD Committee, General Recommendation No. 27: Discrimination against Roma (16 August 2000), para. 37.
- 137.
Some of the trainers are of Roma origin. Such training also takes place on an ad hoc basis. Equinet (2014), p. 41.
- 138.
Fundación Secretariado Gitano (2011), pp. 98 and 99.
- 139.
- 140.
Hollo (2006), p. 49.
- 141.
- 142.
ERIO (2010), p. 4.
- 143.
- 144.
Guy et al. (2010), p. 50.
- 145.
- 146.
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010), arts. 7 and 14. The particular vulnerability of Roma in Europe was reviewed in Chap. 1 (Sect. 1.2.1). Socio-economic rights were discussed in Chap. 2 (Sect. 2.7).
- 147.
Commission Communication, National Roma Integration Strategies: a first step in the implementation of the EU Framework (21 May 2012), p. 16.
- 148.
Commission Communication, An EU Framework for NRIS (5 April 2011), p. 4. This will be discussed further on in this section.
- 149.
- 150.
- 151.
- 152.
- 153.
Kostadinova (2006), p. 2.
- 154.
Following Member States reportedly have positive action in place for Roma: Bulgaria (education, healthcare, housing and employment), the Former Yugoslav Republic of Macedonia (Republic of North Macedonia since February 2019; employment and goods and services for Roma; education, employment and health for Travellers), Ireland, Lithuania (integration), Romania (attendance and access to higher education), Slovenia (education and political representation) and Spain (development plan). Commission Communication, An EU Framework for NRIS (5 April 2011), p. 4; European Commission (2009), p. 40; European Union Agency for Fundamental Rights (2007), pp. 67, 68 and 156; European Monitoring Centre on Racism and Xenophobia (2006), p. 60; This was briefly mentioned in Chap. 1 (Sect. 1.3.2) when introducing positive action as one of the main topics of this book.
- 155.
ECRI, Fifth Report on Bulgaria (19 June 2014), para. 78.
- 156.
- 157.
European Commission (2009), p. 43.
- 158.
See, similarly, for the problems encountered with the Roma policies adopted by countries such as Bulgaria, the Czech Republic, Hungary, Romania and Slovakia during the access programme to the European Union: Kostadinova (2006), pp. 6 and 7.
- 159.
The twelve participating States included Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, the Former Yugoslav Republic of Macedonia (renamed Republic of North Macedonia in February 2019), Montenegro, Romania, Serbia, Slovakia and Spain.
- 160.
- 161.
Kostadinova (2006), p. 6.
- 162.
- 163.
According to Jovanovic (2015), this was a result of accession of Eastern European countries to the EU, which took away their motivation to demonstrate they fulfilled the EU accession criteria on human rights and minority rights as well as the financial crisis that put strains on the interest of politicians to spent large amounts of money on the deeply marginalised and stigmatised Roma out of fear for political backlash.
- 164.
See Chap. 10 on positive action for Roma in four key areas for some of the good practices within the framework of the NRIS. Commission Communication, Report on the evaluation of the EU Framework for National Roma Integration Strategies up to 2020 (4 December 2018); Commission Staff Working Document, Evaluation of the EU Framework for National Roma Integration Strategies up to 2020 (4 December 2018).
- 165.
- 166.
- 167.
Terenzani-Stanková (2013).
- 168.
Id.
- 169.
It was explained in Sect. 9.2.1 that lack of awareness about positive action prevents this human rights instrument from reaching its full potential in the context of Roma inclusion. Anti-Gypsyism and the role of the media was discussed in Chap. 1 (Sect. 1.2.1) on the present-day situation of Roma in Europe.
- 170.
- 171.
The Council of the EU recommends, among others, the accompanying of policies and measures to combat segregation by appropriate training and information programmes, awareness-raising on the diverse nature of societies, the problems Roma face and the benefits of Roma integration, and active involvement of all actors including the Roma communities themselves to combat discrimination. See: Council Recommendation on effective Roma integration measures in the Member States (9 December 2013), arts. 2.2, 2.4 and 2.5; Commission Communication, Report on the implementation of the EU Framework for National Roma Integration Strategies (2 April 2014), pp. 3 and 13.
- 172.
Commission Communication, Report on the implementation of the EU Framework for National Roma Integration Strategies (2 April 2014), p. 13.
- 173.
Kostadinova (2006), p. 1.
- 174.
- 175.
- 176.
Kostadinova (2006), p. 3.
- 177.
Commission Proposal for a decision of the European Parliament and the Council of on the European Year of Equal Opportunities for All 2007 – Towards a Just Society (1 June 2005), pp. 4 and 5.
- 178.
- 179.
Kostadinova (2006), p. 8. Art. 5 RED currently reads: “With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.” For more on this, see Chap. 8 (Sect. 8.2.3).
- 180.
- 181.
Charter of Fundamental Rights of the European Union (7 December 2000) (CFEU). In addition to sex, the discrimination grounds covered are race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age and sexual orientation. Discrimination based on nationality is also prohibited. See CFEU, art. 21. The notions race and ethnicity, racial and ethnic origin and proxies for ethnicity were discussed throughout the book, including in Chap. 2 (Sect. 2.2), Chap. 3 (Sect. 3.2), Chap. 4 (Sects. 4.4 and 4.5.4), and Chap. 5 (Sects. 5.3 and 5.4.2).
- 182.
Ramos Martín (2013), pp. 20 and 29.
- 183.
Art. 19.1 TFEU stipulates that “the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation”. Treaty establishing the European Community (Nice Consolidated version) (21 February 2001), former art. 13.1. Treaty on the Functioning of the European Union (Consolidated version). RED, art. 3. Kostadinova (2006), pp. 2 and 3. This article was analysed in Chap. 8 (Sects. 8.2.1 and 8.2.3) on the EU framework on positive action. It will be explored further in Chap. 10 on positive action for Roma in four key areas. As explained in Chap. 6 (Sect. 6.1.3.4) when delineating positive action from equality mainstreaming, some Member States have imposed such a positive duty to promote equality on their public authorities, even though the RED currently does not mention this.
- 184.
- 185.
Directive 2002/73/EC of the European Parliament and of the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (23 September 2002), art. 1. This instrument was briefly discussed in Chap. 8 (Sect. 8.2.1) when reviewing the main EU instruments dealing with gender equality in employment.
- 186.
- 187.
Chopin et al. (2013), p. 19.
- 188.
Hollo (2006), pp. 6 and 7.
- 189.
ECRI states that such an obligation should ideally also be imposed on the private sector. ECRI, General Policy Recommendation No. 7: National legislation to combat racism and racial discrimination (13 December 2002), paras. 8 and 9 and Explanatory Memorandum para. 27. For more on equality impact assessments, see Chap. 6 (Sect. 6.1.3.5).
- 190.
Hollo (2006), pp. 47 and 48.
- 191.
- 192.
The European Commission identifies both approaches as strong policy tools to actively promote equal opportunities in the EU. Commission Communication, Non-discrimination and equal opportunities: A renewed commitment (2 July 2008), pp. 6 and 8. See also: Council Conclusions on an EU Framework for National Roma Integration Strategies up to 2020 (19 May 2011), para. 20; Commission Communication, An EU Framework for NRIS (5 April 2011), pp. 3 and 4; Guy et al. (2010), p. 10; Sobotka (2007), p. 108.
- 193.
- 194.
ENAR (2008), pp. 3 and 4.
- 195.
European Commission (2009), pp. 30, 31 and 40.
- 196.
- 197.
- 198.
- 199.
- 200.
- 201.
Commission Communication, An EU Framework for NRIS (5 April 2011), p. 13.
- 202.
Hollo (2006), p. 35; Kostadinova (2006), pp. 4 and 8. The link between ethnic data and positive action was previously highlighted in Chap. 4 (Sect. 4.1.4) on the implementation, monitoring and evaluation of policies as one of the five main benefits of ethnic data collection, and in Chap. 6 (Sect. 6.3.4) on ethnically disaggregated data as a prerequisite of positive action.
- 203.
European Commission (2009), pp. 40 and 41; Hollo (2006), p. 10. The lack of ethnic data on Roma in Europe was stressed in Chap. 1 (Sect. 1.3) when introducing ethnic data collection as one of the two main topics of the book, Chap. 5 (Sect. 5.1) on the large data gaps on Roma communities in Europe, and Chap. 6 (Sect. 6.3.4) on the need for ethnically disaggregated data to implement certain types of positive action.
- 204.
- 205.
Id.
- 206.
The importance of adopting a gender approach to tackle intersectional discrimination faced by Roma women was underlined in Sect. 9.1.2.1. Intersectional discrimination was also mentioned in Chap. 1 (Sect. 1.2.3.2) on the situation of Roma women, and Chap. 5 (Sect. 5.1.4) when explaining that greater attention should be given to the gender dimension when collecting data on Roma communities.
- 207.
The second priority of the action plan concerns the demonstration of innovative models for inclusive policies for the most vulnerable. Thematic Action Plan of the Committee of Ministers for the Inclusion of Roma and Travellers (2016–2019) (2 March 2016). While not specifically about the Roma, see, for example: ACFC, Second Opinion on Denmark (9 December 2004), para. 62; ACFC, First Opinion on Germany (1 March 2002), para. 23.
- 208.
- 209.
The maintenance of a more structured data base on beneficiaries should respect the applicable personal data protection rules. Roma Education Fund (2009), pp. 52–54, 63, 135 and 136.
- 210.
Moreover, census data are not reliable. The study states that “(t)here are two other possible explanations for the rise in numbers: (a) simply a result of more Roma who were already enrolled now enrolling using the quota system; and (b) the result of a dramatic rise in the number of Roma graduating from primary education. While there is no conclusive empirical evidence, we believe is extremely unlikely that either explanation is true or of more significance than that the affirmative action programme contributed to the rise in numbers”. Roma Education Fund (2009), pp. 131 and 132.
- 211.
Other reasons are the failure of projects to tackle discrimination and foster systemic change, poor co-ordination and low levels of involvement of Roma communities. Hollo (2006), p. 4.
- 212.
- 213.
Roma Education Fund (2009), pp. 132 and 133.
- 214.
Id.
- 215.
- 216.
ENAR (2007), p. 9.
- 217.
- 218.
Hollo (2006, p. 35) talks about the adequate monitoring and evaluation of National Action Strategies for Roma, but this applies in extension to positive action.
- 219.
- 220.
- 221.
- 222.
- 223.
Abuse occurred, for instance, with regard to a Roma quota system put in place in Macedonian universities. Kostadinova (2006), pp. 3 and 4. Over-reporting of ethnicity to access benefits flowing from positive action was addressed generally in Chap. 4 (Sect. 4.5.2.2) and specifically in relation to Roma in Chap. 5 (Sect. 5.4.4).
- 224.
Kostadinova (2006), p. 4. The Former Yugoslav Republic of Macedonia was officially renamed the Republic of North Macedonia in February 2019.
- 225.
- 226.
Eligibility is limited based on citizenship. For more information, see the webpage of the scholarship on the website of the Central European University: https://www.ceu.edu/admissions/funding-fees/ref (Accessed 12 May 2019). This scholarship was discussed in Chap. 5 (Sect. 5.4.4) when reviewing identification by other Roma as one of the identification approaches that can be used in the Roma context.
- 227.
The Roma candidates do not have to be a candidate of such an organisation. Roma Education Fund (2009), pp. 32 and 56.
- 228.
Roma Education Fund (2009), p. 53.
- 229.
Hollo (2006), p. 34.
- 230.
For more on proportionality, see Chap. 6 on proportionality as a key element of positive action (Sect. 6.1.2.2), and the distinction between soft and strong types of positive action measures (Sects. 6.2.2–6.2.4); Chap. 7 on case-by-case consideration of the proportionality principle by UN bodies (Sect. 7.3.2) and the impact of the goals pursues and the needs in a specific context to determine the intensity of the positive action measures (Sect. 7.4.2); Chap. 8 on proportionality as a limit to positive action in Europe (Sect. 8.1.3), the acceptability of strong positive action measures in certain contexts (Sect. 8.1.4), the role of proportionality in the CJEU case law on gender-based positive action in employment (Sect. 8.2.2.5), and opportunities created by the proportionality principle for future case law on positive action based on other discrimination grounds (Sect. 8.2.4); and Chap. 10 on a sectorial bottom-up approach for tailored and proportionate positive action measures (Sect. 10.1).
- 231.
- 232.
Equinet (2010), p. 7; Hollo (2006), pp. 5, 34 and 35. The importance of active participation in the framework of positive action was previously stressed in Chap. 6 (Sect. 6.3.2). It will be discussed further in Chap. 10 (Sect. 10.1), in Chap. 11 (Sects. 11.5 and 11.8), and in Chap. 12 (Sect. 12.2.2).
- 233.
- 234.
Hollo (2006, pp. 13, 21, 22 and 35) talks more broadly about Roma policymaking, which also covers the adoption of positive action measures.
- 235.
Kostadinova (2006), pp. 4 and 8.
- 236.
- 237.
Hollo (2006), p. 5.
- 238.
Kóczé (2014), p. 1.
- 239.
- 240.
D’Agostino (2014), p. 2.
- 241.
Id. at p. 3.
- 242.
Id.
- 243.
Currently, they face strong incentives to focus on the national and international level rather than on the local level. Community-based organisations and civil society organizations are non-state, non-business actors implementing Roma-targeted interventions at the local level. NGOs are too, but they are often donors and therefore not considered as part of the civil society community according to Kóczé (2014, p. 6).
- 244.
Sobotka and Vermeersch (2012), pp. 819 and 820.
- 245.
Kostadinova (2006), p. 3. Such controversy was discussed in Sect. 9.2.1 on lack of awareness about positive action and its relevance for Roma as one of the factors limiting positive action for this ethnic minority from reaching its full potential. On a more general level, perceptions by (members of) non-targeted groups were addressed in Chap. 6 (Sect. 6.5.2).
- 246.
- 247.
- 248.
European Commission (2009), p. 41.
- 249.
Equinet (2010), p. 22.
- 250.
The report mentions cuts of 85 per cent. Pavee Point Traveller and Roma Centre (2013), pp. 1, 2, 7, 25, 38 and 41.
- 251.
D’Agostino (2014), p. 3.
- 252.
Jovanovic (2014).
- 253.
Id.
- 254.
- 255.
- 256.
- 257.
- 258.
Commission Communication, An EU Framework for NRIS (5 April 2011), pp. 8 and 9.
- 259.
- 260.
Jovanovic (2015) argues that initiatives such as the Decade of Roma Inclusion, the EU Framework for NRIS and EU funds “can help only if they expand participation in shaping domestic political power and public budgets beyond the narrow elites”.
- 261.
- 262.
- 263.
- 264.
- 265.
Kóczé (2014), pp. 5 and 6.
- 266.
- 267.
- 268.
- 269.
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Van Caeneghem, J. (2019). Positive Action for the Roma Minority in Europe. In: Legal Aspects of Ethnic Data Collection and Positive Action. Springer, Cham. https://doi.org/10.1007/978-3-030-23668-7_9
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