2 FEBRERO- CUBIERTA VERSION INGLES.indd 1 Tel.: (34)914220960 -Fax: (34)914220961 C/ Ahijones, s/n-28018Madrid(Spain) In Collaboration with: [email protected] www.gitanos.org

FSG Annual Report 2020 - Discriminación y Comunidad Gitana FSG - 2020 FSG - Cuaderno Técnico nº 131 Strategic litigation Best practice andcaselaw discrimination 425 casesof DISCRIMINATION INACCESS TO EMPLOYMENT IN DEPTH: Discrimination andtheRoma Community FSG AnnualReport 2020 02/02/2021 10:52:11 FSG Annual Report 2020 Discrimination and the Roma Community

IN DEPTH: DISCRIMINATION IN ACCESS TO EMPLOYMENT

425 cases of discrimination Best practice and case law Strategic litigation

1 Discrimination and the Roma Community 2020 “This material is free of charge anditssaleisstrictlyprohibited” charge “This materialisfreeof Técnicosn° Serie Cuadernos Madrid 2020 Gitano(FSG) © FundaciónSecretariado Coral CanoDomínguez Design, layout andprinting: Rubén Herranz González Maria LourdesArastey Sahún Arantxa Zaguirre Natalia PérezFernández Mónica Johana Amaya López FSG would like tothankthefollowing contributors: Collaboration: “Calí. Roma theprogramme women” For equalityof Officers of -FSG Department Communications delaHera Edurne Javier Sáez Cortés María Carmen Cristina delaSerna -FSG EqualityandFightAgainstDiscrimination of Department Technical andpreparation: coordination Web: www.gitanos.org E-mail: [email protected] Tel.: 9142209 60 C/ Ahijones, s/n-28018Madrid Gitano Fundación Secretariado Written andpublishedby: 133 2 OTROS FINESDEINTERÉS SOCIAL POR SOLIDARIDAD Table of Contents 1- Introduction 5

2 - Conclusions and summary of cases of discrimination 9

Presentation of disaggregated data 21

3 - Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism 25

4 - In Depth: Analysis of discrimination in access to employment 41

1- Employment and the Roma Community. Right to employment free of discrimination: the key to a dignified life 42 María del Carmen Cortés Amador y Cristina de la Serna 2- Employment and the social safeguarding of workers belonging to the Roma population: ethnic discrimination with added gender discrimination 47

Mª Lourdes Arastey Sahún

3- Employment discrimination: we do we start? 52 Arantxa Zaguirre

4- The fight against employment discrimination. The role of trade unions 55

Rubén Herranz González

5 - Best practices and case law 59

1- Best practices 60 2- ECHR case law on anti-Gypsyism 69

6 - Appendices 71 I. Current legislation on equal treatment and non-discrimination 72 II. European bodies and institutions that work in the field of equality, non- discrimination and the Roma community 75 III. Legal texts and documents adopted by European and international institutions on anti-Gypsyism and papers on anti-Gypsyism. 77

3 Discrimination and the Roma Community 2020 4 Chapter 1

Introduction

5 Discrimination and the Roma Community 2020 6 Introduction

As it has done every year since 2005, Fundación Secretariado Gitano (FSG) presents its XVI Annual Report “Discrimination and the Roma Community”, to shine a continued light on discrimination, anti- Gypsyism and violations of the right to equal treatment that Roma people in our country still face. This year, the report focuses on discrimination in employment, to coincide with the 20th anniversary of the Acceder programme that FSG is celebrating this year. The programme, recognised by the European Commission as best practice, was launched in 2000 with the aim of boosting Roma people’s access to the employment market.

For FSG it makes great sense to couple Acceder with the fight against discrimination, because our focus on it can be sourced back to the launch of the programme 20 years ago. It is no coincidence that the programme was initially financed by the European Social Fund’s Operational Programme to Combat Discrimination. For us, employment is and continues to be one of the best vehicles to achieve real equality of opportunities and the Roma community’s effective enjoyment of human rights free of discrimination. We have been testament to this, having seen the impact that the programme has had on the 31,981 people who have secured a job up to 2019, not just on their lives but on those of their families.

However, if employment is a fundamental vehicle to transform people’s lives and guarantee equal treatment, discrimination continues to be a barrier to many Roma people securing work. The Department for Equality and Fight against Discrimination at FSG has been witness to this, as we explain in the chapter “In Depth”, in which we report a significant number of cases in which companies, employers and co- workers have treated Roma people less than favourably, essentially due to their ethnicity. It is a scourge that needs fighting, with the help of resources from the appropriate institutions. Every policy designed to improve Roma people’s employability must include effective measures to combat discrimination in the world of work.

In this year’s report we have been lucky enough to receive contributions from three experts who shine a light on how to effectively combat discrimination in this area: Maria Lourdes Arastey Sahún, Judge of the Supreme Court Social Branch; Arantxa Zaguirre, expert employment lawyer specialising in combating discrimination; and Rubén Herranz González, Social Policy Deputy of the trade union Comisiones Obreras. We are deeply grateful to them for offering their knowledge and experience both to the report and to our mission to fight discrimination and anti-Gypsyism.

As we have done in every annual report, this year we have collated all the cases we handled in 2019 in which, following our expert intervention and legal examination, we could confirm that a discriminatory or anti-Gypsy hate incident had taken place. This year, you can find a summary of the cases in the printed version of the report, and a detailed recounting of the events, our intervention and the outcome, on our website www.gitanos.org. What’s more, in the coming months we will be launching an online database with the information included in the 16 Discrimination and the Roma Community annual reports that FSG has published.

The total number of cases in this edition is 425, compared with the 334 cases we reported last year. It is important to note that this rise is partly caused by a methodological change, because for the first time we have decided to include anti-Gypsy hate messages found on social media and reported in the European Commission’s Code of Conduct monitoring round on hate speech online (an area in which FSG is considered a trusted flagger), which is a privileged social media reporting channel. On the other hand, this year we have reported far fewer cases in the media than last year, which shows the significant progress made by mainstream media outlets in 2019. However, at the same time, there has been a major rise in cases of direct victims in other areas, such as access to goods and services, which doubtless shows that our participants are becoming better equipped at identifying situations of discrimination and reporting them.

7 Discrimination and the Roma Community 2020 anti-Gypsyism for theirbravery thesecases inreporting As always, discriminationand thevictimsof of itgoeswithoutsaying thatourgreatestthanksgoestoeach people. have alsocontributedtoFSG’s thediscriminationsufferedbywhich worktotackle Discrimination, Roma Racial Equality and the Council forinterest purposes), as well the Elimination of as the Ministry of or Ethnic (through option—for thereport the2019 income taxreturn charity,and dissemination of othersocial grateful to the Ministry for Social Rights and the 2030 Agenda, for in the publication its economic support Lastly, we arehugely gratefulwho have totheinstitutions We helpedusinpreparing this report. are legislation. their ethnic origin. Our country cannot continue to tolerate the gapingviolated because of hole inour and anti-Gypsyism and,above all,togive victimsaneffective towhentheirrightsare resourcetoturn equality andanti-discriminationlawtoallow discrimination ustorespondproperly tothevarious formsof The current situation highlights more than ever that our legal system desperately needs a comprehensive is makingpeoplewhoaresufferingfrom discriminationreluctanttoexercise theirrights. against theRomaand hate speech community. We arealsogrowing that thecrisis increasinglyconcerned discrimination,stigmatisation that thehealth,economic and social crisisiscausing newconcerned formsof in, and the impact that it ishaving on discriminationand anti-Gypsyism. Weentrenched are greatly coversAlthough thisreport casesin2019, we cannotignoretheCOVID-10 pandemic we arecurrently forcing change. important is thatitamarathon, notasprint—slow onoccasions,a highlypowerful butstill toolthatisgradually litigation to approach Our dock. the in discrimination wewere have perpetrators to of the satisfied got a conviction was even if not secured, Litigation, the failures and successes and cases in which, reporting We it. tackling of onStrategicand theimportance discrimination delve intothisinthechapter impact of law inthese cases, and raising awareness the human among the authoritiesand society as a whole of discriminationand anti-Gypsyism, improvingfor theresponsefrom and their case victimsof thecourts This year we have continued to pursuethelitigation strategy asaway securingfavourable rulings of court girls. suffered specifically discrimination of forms other by and Roma school at bullying or centres shopping in women harassment of asanti-Gypsyandgenderedbeen thecasethisyear hatespeech, inareassuch the discriminationoccurs not only due to ethnicitybut due tothevictimsbeing women as orgirls, has discrimination. In addition, their intersectionalfocus allows us to offer even more specialist attention where discrimination and anti-Gypsyism, but in Romaof people’s awareness their rights when faced with of professional improvementthis an profile care to the contributed victims in has for just not of inclusion The in playing been have theprogrammemany Roma of Calí,forwomen) areassince2016 is essential,aspart theequalityof women. Roma (mostly Officers Equality our that role the where area this in is It 8 President of FundaciónSecretariadoGitano President of Pedro Puente

Chapter 2

Conclusions and summary of cases of discrimination

9 Discrimination and the Roma Community 2020 10 General summary of cases reported in 2019 and key conclusions

Fundación Secretariado Gitano (FSG) has collected the cases of discrimination and anti-Gypsyism that appear in this report and has attended to victims mainly by means of two programmes. On the one hand, since 2013 we have been the coordinating organisation of the support network of the Assistance and Guidance Service for Victims or Racial or Ethnic Discrimination, of the Council for the Eradication of Racial or Ethnic Discrimination (an organisation of the Spanish Ministry for Equality), for which we are also board member (for further information on the service, please see “Best Practices” of the report, Chapter 5). In addition, in 2016 we launched the programme Calí, for the Equality of Roma Women, in the context of the European Social Fund’s Operational Programme. This allowed us to introduce Equality Officers who specialise in gender equality and equal treatment in many locations.

In 2019, FSG received and responded to 425 cases of discrimination, which is an increase on last year. This is owing to, on the one hand, a change in the way we collect cases: this year we began to collect data on hate speech identified on social media in the EU Code of Conduct monitoring rounds; and, on the other, an increase in cases in certain areas, as is the case of access to goods and services.

In this chapter we summarise the cases we have documented, and further details can be found in the digital version of the report. We have also included a series of recommendations for the authorities to ensure an effective response to discrimination against the Roma community and incidents of anti-Gypsy hate in each area.

1. General observations: the absence of an appropriate regulatory framework, the scourge of underreporting and the need to address intersectional discrimination

As we have mentioned, throughout 2019 we collated a total of 425 cases of discrimination against the Roma community and anti-Gypsyism in the different areas detailed below. Before focusing on each of these areas, we must make a general observation about the problem we have been stressing in numerous reports on Discrimination and the Roma Community: the lack of an effective legal response. Very often, when the discrimination is not a criminal offence (which is often true in the cases we handle), we must resort to channels that are not really designed for the reporting of discrimination, and which are rarely effective. We have also ascertained that when cases are reported that do reach the courts, there is not always an effective investigation of the reported incident, nor is there a response from the courts that takes into consideration the discrimination or hate elements of the illegal act.

Another common pattern we have seen when dealing with victims of discrimination is that Roma people Conclusions and summary of cases of discrimination often do not report incidents to the authorities (police, prosecution service, etc.). In other words, even if the assistance services advise these people of the possibility of pursuing such kinds of complaints, many people decide not to. This may be because they fear retaliation or believe that there is no point and it will come to nothing, they have had negative experiences with the police, or they are discouraged by a lengthy and costly proceeding that may cause them to feel victimised all over again. This underreporting reality means that legal mechanisms and policies to combat discrimination are not very effective, since the majority of cases do not reach the courts or even the police.

Lastly, it is important to emphasise that sometimes, the discrimination we have identified is intersectional, i.e. they are cases in which in addition to the ethnic origin of the persons involved, other factors are at play such as gender. All this takes place in a context in which, as shown in our recently published Study comparing the situation of Roma people in Spain in respect of employment and poverty1, Roma women are more strongly affected by early school leaving and academic failure, as well as unemployment and poverty. We have also set out that, partly thanks to the specialist accompaniment measures

1 Available here: : https://www.gitanos.org/centro_documentacion/publicaciones/fichas/129378.html.es

11 Discrimination and the Roma Community 2020 item. If apersoncommits acrime,item. If theirnationality, race and ethnicity areusuallyirrelevant. thenews event.of ethnicityadded nothing tothenews Inthecaseswe have thementionof reported, intheunderstanding the personsinvolved important isnotmentioned unlessdoingsoisparticularly ethics:when writingnews itisrecommended that theethnicityorracethe media’s of articles codeof againstdiscriminatory actsorhostility Roma people.Moreover, of a violation mentioning ethnicityis already prevalent preconceptions surrounding and crime. Thisassociationthentriggers thiscommunity theRomapublic image of community, because its continualrepetitioninthemediaconsolidates persons involved citingtheethnicityof violence and crime. severely Thepractice of damages the whenconcerning anews item,particularly Roma personswhoarethesubject of ethnicoriginof forms. A very media outlets is to systematically mention the of alleged common practice among certain 68 cases in themedia In 2019, we collated a total of 2. response todiscriminationandanti-Gypsyism,withanintersectionalfocus: This iswhy we areappealing to theSpanish authorities totake thefollowing steps to improve the claiming theirrights, theircasetoFSGortheauthorities orreporting these women feelmoreempowered andabletorespondthesepractices, makingcomplaintsand provided by the Calí programme’s equality officers in ensuring the equality of Roma women, many of • • • • • the media andanti-Gypsyism documented in discrimination and othercasesof practices Bad reporting esteem andself-assurance, andovercome traditional gender roles. violence, improve education and professional training, jointhe workforce, improve their self- empower them to exercise intersection discrimination and gender their rights in the face of womanRomafor support comprehensive resources specialist for provisionsufficient and establishment of The thisscourge,for victimsof but often they resources. are unable to act effectively of due to lack racism, xenophobiavarious of forms and anti-Gypsyism, and to offeran effective response combat to offices municipal forces, police discrimination, etc.Allthesepublic bodies are essential todrive forward various policies against the the of crimes hate or diversity of units Racial Diversity, public prosecutors specialising in hate crimes and anti-discrimination, specific at all levels: or ethnic discrimination Directorateracial General for Equalityand Ethnic- The Ethnic or Discrimination. Racial for Victimsof and theAssistanceService Eradicate to Council Spanish the Discrimination, of work the of consolidation The judicialpowers,area: publicprosecutors, lawyers andtheStatesecurityforces. Training in anti-discrimination law and the Victim’s Statute for all key andintersectional stakeholders in this to anti-Gypsyism discriminationandrepresentvictimsbefore insymboliccases. thecourts handle casesof referring specifically anindependentstateauthoritytoissuereports, including thecreationof discrimination, standards, European and Passing a of comprehensive equality and discrimination that includes all international law provisioning of sufficient resources for all institutions engaged in the fight against fight the in engaged institutions all for resources sufficient of provisioning both in respect of the preparation of reports and issuance of recommendations, andissuanceof reports thepreparation of both inrespectof 12 , above allthemostvulnerable,with theaimto . Discriminationinthisarea takes place a number programmes providingprogrammes Another kind of discrimination occurs when readers of online news articles leave comments. It is very often the case that where an article is posted about an alleged Roma ethnicity person, highly aggressive and extreme anti-Gypsy hate speech is left in the comments, violating the dignity of Roma people and even inciting violence against them. Our usual response is to write to the editor of the outlet or the online version to ask them to remove the comments, since the media have a responsibility to moderate and remove these kinds of messages. Unfortunately, the reaction is not always positive; sometimes, we do not receive a response at all. We respond in the same way for the mention of ethnicity: we send letters of complaint to the media, explaining that this is bad practice and asking that it be removed, at least from online versions.

An instance of effective intervention with a positive outcome is when RTVE published a report on crime mentioning the Roma community. A letter of complaint was sent to RTVE, with a positive outcome. The programme RTVE RESPONDE issued a recorded response with the remarks of the FSG officer, explaining the bad practices. Reference: http://www.rtve.es/alacarta/videos/rtve-responde/rtve-responde-29-12-19/5474344/ (minute 24)

In order to improve the social image of the Roma community and prevent another kind of discrimination that Roma people suffer, we appeal to:

• The media to make a greater commitment to journalistic codes of ethics, to stop the proliferation of stereotypes or the mention of ethnicity in news items when it is not relevant, and for greater awareness of the impact that this media coverage has on the collective image of Roma people — a negative image that can trigger hostile attitudes or discrimination against Roma.

• The authorities at all levels to promote awareness campaigns showing a diverse, not stereotyped image of the Roma community, thus offering a counter-narrative to prejudice and hate speech.

• 3. Anti-Gypsy, stigmatising hate speech posted on social media and online platforms: we must

keep pushing forward Conclusions and summary of cases of discrimination

For the first time this year we have isolated social media cases (115) in a standalone chapter, as they deserve special attention. For the past five years, Fundación Secretariado Gitano has participated in the European Commission’s monitoring rounds on the Code of Conduct that internet companies signed in relation to managing hate speech on social media. These companies (Facebook, Twitter and YouTube-Google) made a commitment to remove unlawful hate speech within 48 hours of it being reported by users. To check compliance with this code, the Commission organises annual monitoring rounds with Member States, public administrations and NGOs engaged in fighting racism, which include Fundación Secretariado Gitano.

As a result of this annual five-week monitoring round, these companies have begun to improve their removal of hate content year after year, but there is certainly room for further improvement. We have included 105 cases reported by FSG in this monitoring round, and some other cases that we identified during the year on leading social media outlets and other platforms (such as online forums) that have not signed the Commission’s Code of Conduct. Every case without fail concerns very extreme messages that directly incite violence or the extermination of Roma people, or that dehumanise them

13 Discrimination and the Roma Community 2020 We arranged ameetingwiththeDeputyDirectorand explained about behaviours our concerns situation, and told that they howFSG advised them of toreact in such could submit a complaint. that they hadbeentreatedlike thatbecausethey were Roma. his not was that that answered officer problem and told themtoleave.The Thewoman and her husband left,feelinghumiliated and convinced school. to go to time no had and child a was she since her,you’re very grown-upstold and you to school.” The woman can go back responded that she had been working her served who officer public the aggressively counter, accordingtothewoman, that:“it’s notmy faultyou don’t know the how toreadandwrite, at arriving When with home. in filled at had son she her that forms some submit to Roma, both husband, her with Directorate Traffic We managed tosecureapositive outcomeinacase in Ciudad Real whereawoman attended the proceedings.this kindof arerarely successful since itisverytosecure evidence in tricky which try topursuejudicialchannels, etc., to help them to recognise their mistake and stop refusing these persons entry. Insome cases, we official complaint In other cases,form. we mediate with the the manager premises, of night club, bar, or affairs consumer encouragewe ask to victims an of for offices the weto complaints formal submit differentstrategies: theFoundation undertakes anumberof access to goods and services, For cases of is significant,since we have seenthatthesecasesabove allinvolve Roma woman. identification, accuse having them of swapped tags or have stolen items, etc. Here, the gender factor women for theentiretimethey areinthestore, andsometimesaskthemtoemptytheirbags, provide Roma of womensurveillance in shopping centres or supermarkets, where security guards closely watch intersectionaldiscrimination,namelytheexcessive case is thatof kindof important A particularly discrimination. casesof of underreporting degree of the high actual cases because of the problem; FSG only collects a small proportion of nature of people, who feel rejected by society daily. cases this year shows The high number of the widespread simply due to theirethnicity. Roma Thisisseriousdiscriminationand gravely thedignityof harms pools, swimming accessing in report) year’s last in restaurants, bars and night clubsand other leisurevenues, whereRoma peoplewere unabletoenter reported we that 57 the with compared (75, we access to goods and services found discriminationthisyear numerousIn thesectionof casesof 4. We therefore appealto: messages against Roma women, featuringstereotypicalreferencestotheirphysical appearance. by comparingthemtoanimals, illnesses, etc.We have alsofound examplesintersectionalhate of • • everyday reality of Roma people of everyday reality as the treatment unfair and anti-Gypsyism in access to goods and services: Discrimination Online forums to engage in the fight against anti-Gypsy hate speech, hate anti-Gypsy against fight the comments andremovingthemostserioushatemessages. in engage to forums Online to anti-Gypsy hate speech, to anti-Gypsyhate tocontinueengageThe leading social media platforms improve andto their response automatically removinghatecontent. 14 moderating or attitudes that could cause inequality and threatened people’s dignity. The woman was advised about making a complaint to the Ombudsman. We were informed from the Ombudsman that the complaint had been accepted and that the appropriate actions were taking place with the General Traffic Directorate of the Ministry of the Interior. As we have already mentioned, a comprehensive equality law is desperately needed to effectively respond to this kind of discrimination, including a sanctions regime to regulate discriminatory treatment in businesses, shops and other public and private spaces where goods and services are provided. We also appeal to:

• The local heads of consumer affairs offices, to provide a swift and appropriate response when discriminatory treatment is reported.

• Businesses and public providers of goods and services to ensure that their staff treat the public equally and do not discriminate.

5. Discrimination and anti-Gypsyism in education: particularly vulnerable victims who deserve preferential attention

We detected 37 cases in education in 2019. These are different instances of discrimination towards Roma pupils that we find particularly concerning because of the special vulnerability of victims: Roma children who suffer barriers to accessing their right to education due to their ethnicity. Some situations have been identified in which non-Roma parents do not want Roma pupils in the school, and refuse to allow their children to share a classroom with Roma classmates.

Other cases include remarks from teachers about the Roma community: negative comments, stereotypes, generalisations, etc. Some comments were specifically directed a Roma girls — assuming that they will marry young and leave school, which is intersectional discrimination. The impact of these comments is very serious: on the one hand, the Roma pupil feels it is an indignity, and on the other, these comments reinforce any potential negative stereotypes that non-Roma children may have about their Roma classmates. All this has a severely negative effect in schools. Another type of case is bullying among pupils, namely non-Roma pupils insulting or assaulting Roma children due to the ethnicity. Although we have collected only a few cases of this type, due to the chronic underreporting from this group, they are serious cases of school bullying caused by racism, where the intervention of the education authorities is essential. Lastly, we are facing a generalised phenomenon of segregation of Roma pupils in the schools system, i.e. schools where the vast majority of pupils (if not all) are Roma or Conclusions and summary of cases of discrimination migrants, and where the quality of education is lower. This is a serious violation of fundamental rights that we have been reporting in a number of forums for quite some time.

A positive outcome of our intervention in this kind of discrimination took place in Castellón. A child under the age of five had a developmental disability that had caused her to suffer serious health problems. One day per week the child did not attend school in order to go to a rehabilitation centre in another province. The mother sent the schools all the reports, and the school’s management told her that was fine. However, the girl’s teacher constantly asked for proof of her whereabouts, with certain suspicion. The mother was certain that the teacher’s treatment of them was because they were Roma. Eventually, FSG contacted the school to inform them of this concern. The situation then improved greatly and no more suspicious questions were asked of the family.

15 Discrimination and the Roma Community 2020 and topersonalsocialdevelopment. For thisreason,we appeal to: other as fundamental the rights right such to employment,is key which to securing a dignified life people’s dignitybut prevents of theexercisedepth” section, discriminationisnotjustan attack of and exercising theirrighttowork.Asweexamine will inthe“In ingreater depth in our article barriertoRomaAll thesediscriminatorypractices pose anenormous peopleenteringtheworkforce company feelmorecomfortable at work. Themanager committed to continuinghireRoma women. positive outcome. The woman did not receive any more remarks, and since then, Roma women in the FSG offeredthemanager andcontinuedtosendRoma someinformation, candidates to them,witha and told themtosendsomeoneelsewhowas notRoma because they “already them”. had enough of officer placement employment FSG the called later,managerdays few the A environment. working The woman hermanager, informed whoignoredhercomplaint buttoldherthathewanted agood theco-workers began continuedandoneof toharassremarks thewoman by interferinginherwork. The fired. being of fear for nothing said but co-workers, her from remarks xenophobic and Gypsy withapositive outcomeinacaseCaceres,FSG intervened whereaRoma woman overheard anti- are Roma ethnicity, they they refusetoacceptthem,even if aresufficientlyqualified. Fundación Secretariado Gitano and realises that the candidates the business recognises the name of employment businesses to offercandidates for Occasionally, councillorsapproach internships. when context theAcceder programme programmes. of orotherworkintegration support Inthesecases, the in manages Foundation the that practices working concern identified have we that cases Other about the Roma community, is discriminatory, which offensive and tantamount to workplace bullying. Roma people workingina business receive insults, are subjected to stereotypes or negative remarks where co-workers, between place takes also ethnicity. Discrimination their to down purely them fire business owner or manager discovers their ethnicityand begins to mistreat them, harass them or even discrimination takes place in the workplace when RomaAnother kind of people secure work, but the severe case of ethnic discrimination, but it is often difficult to prove it due to lack of reliable evidence. once theyor refusingtheminterviews realisetheirethnicity. Itgoes without saying that to do so isa ways. Acommonpractice by companies istorefuseaccept CVs from certain Roma candidates, in 2019) in (53 discrimination of cases We numerous identified 6. regional educationauthorities, asawhole, andtheeducationcommunity totake stepsto: we anti-Gypsy situationsinschools, appeal to thenationaland In ordertoprevent thiskindof • • • • Discrimination inemployment: toachievingDiscrimination barriers equalopportunities anti-Gypsy incidents that take place in the realm of employment.anti-Gypsy incidentsthattake placeintherealmof Labour inspectorates work. eradicate thesestereotypesandenablefair accesstotheworld of Businesses because of theirethnicity.because of Investigate, punish and respond schoolsegregation eradicate pupils Roma of concentration high the Evaluate to focus more onethnicdiversity and to pursue awareness-raising initiatives to to investigate and,whereappropriate, penalisediscriminatoryand . in school inschool teenagers and Romachildren of bullying the to 16 for the purpose of reliablemapping for thepurpose of employment , manifestinginvarious to 7. Discrimination in healthcare: when discrimination comes from those providing care In healthcare, fortunately we detected few cases in 2019 (11 cases); however, discriminatory situations continue to occur in healthcare centres and hospitals. The most common cases are unpleasant or hostile treatment of patients by medical staff, nurses and porters, such as negative remarks about Roma people, generalisations, stereotypes and poor-quality treatment or rudeness towards Roma people. In each instance we have filed complaints, receiving an uneven response, which sometimes has been positive.

An example of a positive outcome comes from a case in Madrid: a Roma woman attended a health centre with her daughter. Once there, the nurse told her rudely: “I don’t think you have an appointment, first you need to find out who your nurse is and which room you need to go to. Well, do you want immunising or not?” The woman left without having her daughter immunised, due to the fear and humiliation she had experienced at the hands of the nurse. She was certain that she was treated like that because she was Roma. FSG advised the woman of her rights and non-discrimination. With the support of FSG, the woman filed a complaint with the health centre, setting out what had happened and asking for a change of nurse, with a positive outcome: the woman received a letter of apology from the healthcare centre and was allocated a new nurse.

For this reason, we appeal to the national and regional healthcare authorities to improve intercultural skills of healthcare professionals, to avoid bias or prejudice when attending to Roma people, who are entitled to health and dignified and fair treatment like anyone else. In addition, poor treatment by these professionals can make Roma people hesitant or reluctant to attend healthcare centres when nurses are present, which could be aggravating to any medical conditions they may have.

8. Use of ethnic profiling and other discrimination in policing In policing, fortunately we have identified few cases (9). Some of them related to stopping Roma people in the street, which is known as “ethnic profiling,” i.e. stopping and demanding identification or searching someone purely because of their ethnic appearance, physical traits or skin colour. This is a practice endured by many Roma people, according to all reports available. It is a discriminatory and illegal practice that affects the dignity of Roma people and creates mistrust among the community and police services. Furthermore, numerous studies have shown that ethnic profiling is not an effective way of tackling crime; stopping many Roma, black or Maghrebi people does not help to uncover more crime; on the contrary, it undermines harmonious coexistence and trust in the system. Conclusions and summary of cases of discrimination

Other cases that we have identified relate to the expression of stereotypes and negative remarks from certain officers about Roma people. One of these cases was particularly striking because the stereotyped remarks we directed at two women who wanted to report a case of gender violence that one of them had experienced, which is intersectional discrimination motivated by gender and ethnic origin.

We cite a case in Burgos as an example of a good outcome: a young Roma man with a highly visible ethnic profile told FSG that the police had stopped him repeatedly, approximately three times a week, asking for his documents. At times he was searched and told to empty his pockets. FSG advised the young man and arranged a meeting with the national police commissioner and expressed their concern for the bad practice of ethnic profiling when stopping the young man. The young man also left a statement for a report on bias against the Roma community in the penal system, by Rights International Spain. The outcome of FSG’s intervention was positive. Since the meeting with the commissioner, the police have not stopped the young man.

17 Discrimination and the Roma Community 2020 A typical example in thisarea took place in Cadiz. A couple went and the to view a home to purchase In 9. to housing, we urge theauthoritiestotake thefollowing steps: private landlords. Moreover, in order to guarantee the effective exercise Roma of people’s right practices byequality lawisdesperately needed to correct and punish such estate agents and cases,The currentSpanish discriminationlawdoesnotproperly cover andsoacomprehensive such to protect situations. themfrom such couple were aware theirrightsand how of to exercise law being passed of them, and the importance thelegal vacuumof that exists when itcomes to an individual discriminatinginaccess to housing. The noise.”you’ll theactionstheymake thecoupleof FSGinformed couldpursue, toomuch even inspite owner themanandsaid:“I’mnotgoingtosellyou approached thishousebecause you’re Roma and as, inthiscase,rights such therighttoadignifiedhome. people’sdiscrimination isnot just illegal dignity but impedes the exercise and a violation of other of We specialistarticles. on thisissuefeaturinga number of chapter are seeing once again that the the major blights for the Romaone of community, as we saw in last year’s with a dedicated report, Roma report to thepoliceharass families them.Thehousingproblemwho unfairly continuestobe i.e. non-Roma neighbours who are hostile tothefact that there are Roma neighbours in thebuildingor cases arises inrelationsbetweento discriminatoryanti-Gypsyprejudice. neighbours, Anotherkindof fundamental right, because many of these families and people are deprived of dignified housing due or familywishingtobuyrentitisRoma. is a Thisisamajorbarriertoaccess to housing, which person the that discover they when flat a sell or rent to refusal owners’ property or agents’ estate discrimination (25).Thesehave takenof placeinvarious ways. Themostcommoncasesrelatetosome • • • • • which washousing, last year’s which the focus we of annual report, continue to identify quite a few cases legislation current with overcome to difficult and problem major a housing: to access in Discrimination For thatreason,we urge theauthoritiestotake stepswithinthesecurityforces, to: pave the way to stable and definitive solutions, combining rehousing measures with other measuresfor with accompaniment andsupport families throughout theprocess. measures rehousing combining solutions, definitive and stable to way the pave State Housing Plan,equipped with thenecessary resources and applying methodologies to Approving slum living and substandard housing action plans to eradicate unbiased policeaction. Improve thesocietytheyrepresentative of serve. officers ethnicity Roma of Encourage therecruitment discriminatory stopstoovercome stereotypesandimprove relations. Establish toenable activities bodies independent and forms identification Introduce practical training practical toprevent stopsmotivated by ethnicprofiling. mechanisms among the security forces and communities affected amongthesecurityforcesby andcommunities dialogue mechanisms for officers on the principle of non-discrimination and effective, and non-discrimination of principle the on officers for 18 tomake thepoliceforces more supervision of police of supervision as part of the of as part • Breaking down digital barriers that often prevent Roma families from making social housing applications.

• More social housing and the establishment of alternative short and long-term accommodation for Roma families who suffer evictions as a result of mortgage foreclosure or non-payment of rent.

• Respect for legally established procedures in evictions and rehoming carried out by local authorities.

10. Cases of discrimination and hate crimes in other areas We have grouped other kinds of discrimination cases into a final section, where they do not fit into a specific area (32 cases). They include hate crimes, such as assaults or violent threats to Roma people, and also threatening and anti-Gypsy painting on buildings and in public spaces, which are examples of anti-Gypsy hate speech. There have been cases of public gatherings for the purpose of pushing out Roma families: once such case occurred in El Pozo, Madrid. Following the murder of a non- Roma person by a Roma person, a neighbourhood movement formed against various Roma families indirectly connected with the assailant. This created a great deal of tension, after which the Police Management Unit intervened very positively, explaining to the neighbours that it made no sense to assault or want to get rid of various families just because one person committed a crime. Lastly, we have encountered cases in which a Roma woman was stripped of custody of her children, in a decision steeped in anti-Gypsy stereotypes and prejudice. An example of positive intervention took place in Madrid. An FSG officer saw some graffiti that read: “Drug dealing gypsy” on the front of the Palomeras Bajas school in Vallecas, which has a heavy Roma population. We took a photo of the graffiti and contacted the Diversity Management Unit of the Madrid Municipal Police to report our concern about the graffiti. We noticed that the graffiti had been removed less than a day later.

Many of these cases, which took place in Madrid, show the usefulness of having a specific unit in the police to manage diversity in the application of the appropriate protocols when incidents

and anti-Gypsy hate crimes occur. As such, we appeal to other police forces of all levels to crea- Conclusions and summary of cases of discrimination te similar units, drawing inspiration from the best practice implemented by certain local polices forces such as that of Madrid, Fuenlabrada or Burgos.

11. The European dimension in discrimination against the Roma community and anti-Gypsyism Lastly, we have reserved a section for the situation of anti-Gypsyism in Europe. We have collated a few cases that exemplify the gravely serious situation of assaults, hostility and hate crimes suffered by Roma people across Europe. We have picked cases in Bulgaria of anti-Gypsy hate speech, which are widespread across the country, including from political representatives and government. Another section is dedicated to cases in the Czech Republic, where a report has been published on cases of anti-Gypsy discrimination in many areas. Another case is that of Ukraine, where there have been serious cases of hate crime involving physical assaults, arson of camp sites and violent evictions against Roma families by far-right organised groups. There is also a reported case in Italy, where serious cases of discrimination continue against Roma people.

19 Discrimination and the Roma Community 2020 of Europe), theEuropeanof UnionFundamentalRightsAgency, theOSCE,etc. as the EuropeanGypsy racism and also with European Commission, the ECRI (Council institutions such by experienced Secretariado Gitano collaborates with otherRoma and non-Roma situation organisations tocombat anti- difficult the of sample small a Roma peopleinmany just European iswhy countries, we which alsoworkatEuropean level; Fundación are cases selected the said, we As • • • therefore: they,that and 2020-2025”, plan action anti-racism EU equality: of “AUnion Communication are appealing to institutions to effectively apply the commitments recently made in Commission a regulatoryframework tocombat discrimination and combat anti-Gypsyism. Thisiswhy we establishing in institutions Union European of role fundamental absolutely the stress Wemust poverty, andeducation). socialservices Gypsyism population Include in the post-2020 European framework for national inclusion strategies for the Roma anti-Gypsyismandintersectionaldiscrimination. include theterms Review Directive 2000/43/EC racialpersons irrespective orethnicorigininallMemberStates. of equal treatment between 29 June 2000 implementing theprincipleof 2000/43/EC of Council Directive of implementation Improve the effective oversight and monitoring of , both specifically and transversally in each area of social inclusion (housing, health, measures to combat discrimination against the Roma population and anti- and population Roma the against discrimination combat to measures , to broaden the scopes of banned discrimination and expressly, tobroaden thescopesof 20 Presentation of disaggregated data

In this secton will present diaggregated data for the 425 cases collected by FSG during 2019.

Definitions of categorisation of cases:

1) Individual Cases: When the discrimination or hate crime is exercised on a specific, identified person.

2) Collective Cases, three sub-categories:

• Roma community in general: Cases affecting the image of the whole Roma community, or that encourages hate towards the Roma community (e.g. poor journalistic practice where ethnicity is cited in a news article, or anti-Gypsy hate phrases are posted on social media: “All gypsies are... “).

• Case with indeterminate victims: Indeterminate group case: cases that affect a specific number of Roma people, but where the exact number is unknown (e.g. a group of young people are refused entry to a nightclub due to their Roma ethnicity, but we do not know who they are or how many they are).

• Case with identified victims: Case where a group of Roma people are discriminated against, and we know how many and who they are (e.g. five Roma boys are refused entry toa nightclub).

21 Discrimination and the Roma Community 2020 ACCESS TO GOODSANDSERVICE CASOS CASES CASES CASES CASES 32 53 75 68 9 POLICE SERVICES EMPLOYMENT CASES OFINTERSECIONAL OTHER MEDIA DISCRIMINATION CV NO TOTAL CASES425 S CASES BYAREA 22 DISCRIMINATION INTERSECTIONAL 115 CASES CASES CASES CASES 37 25 11 22 SOCIAL MEDIA EDUCATION HOUSING HEALTH + ANALYSIS OF CASES

INDIVIDUAL AND COLLECTIVE DATA

192 INDIVIDUAL CASES

233 COLLECTIVE CASES

233 COLLECTIVE CASES

193 31 9 CASES COLLECTIVE COLLECTIVE ROMA CASES WITH CASES WITH COMMUNITY IDENTIFIED UNDETERMINED IN GENERAL VICTIMS VICTIMS

23 Discrimination and the Roma Community 2020 FROM 0TO 15 YEARS 25 WOMAN 222 TOTAL No. OFVICTIMSIDENTIFIED321 FROM 16TO 30 YEARS 118 AGES OFTHEVICTIMSIDENTIFIED PERSONS IDENTIFIED321 ANALYSIS OFVICTIMS DATA BYGENDER FROM 31TO 45 YEARS 78 24 FROM 46TO 65 YEARS 11 99 MEN UNKNOWN 89

Chapter 3

Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism

25 Discrimination and the Roma Community 2020 26 Introduction

Once again this year, at FSG we have chosen the most emblematic cases of discrimination and anti-Gypsy hate crime, on account of their context and the situation of the persons affected, in which we have pursued a strategic litigation. In all instances we have pursued court proceedings either in the Provincial Public Prosecutors for Hate Crime and Discrimination or in the corresponding courts in various judicial channels.

Many of these proceedings have been opened with the support of FSG by reporting and then exhaustively assessing, considering the testimony of the victim, the evidence and facts. We have selected the cases that are the most strategic to represent in court using expert human rights lawyers (specialising in discrimination)

and in the legal matter corresponding to the particular nature of the case. Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism

Once again, we must stress that this work would be unthinkable without the collaboration of our national teams, above all the Equality Officers specialising in equality of treatment and gender — more than 30 professionals, mostly Roman women, who are part of the Cali Programme, for the equality of the Roma woman, and are beacons for attention and advice, accompanying victims of discrimination and anti- Gypsy hate in an informed and empathetic way.

We must also highlight the firm commitment and work behind each case of discrimination and anti- Gypsyism, which is the driver behind the strategic litigation going further than the courts and entering forums and spaces in which these issues have previously been absent in public debate, public opinion and political agendas. This is all for the purpose of changing mentalities in society, where a great many

27 Discrimination and the Roma Community 2020 this tohappenanyone elsejustbecausethey areRoma”. to happen?”, most Roma peopleaffectedby discriminationtendtorespondinthesameway: “Idon’twant theirrights. Effectively,suffered similar discriminationand violation of whenasked, “What would you like successful, and they doitnotjusttodefend their own peoplewhomay have rightsbuttodefend those of anti-Gypsyism;they thepeoplewe toreport support face lengthyof procedures that arenotalways Finally, westressthatstrategic litigation must would notbepossiblewithoutthebravery andpersistence Spainwas woman). ablack in which condemnedfor violencerelatedtothediscriminationof 1 Beauty Solomon Judgment in the case of the Supreme Court discrimination(inthemeaning of the type of fundamentally in cases specifically affecting Roma women, who receive specific aggravated responses to treatment and non-discrimination; we an intersectional focus are also working to achieve in case law, andto equality non-discriminationrealandeffective.equal Thisisnotonlywithrespecttotheprincipleof highlights the legal gaps that persist and even has an impact on passing new legislation to make the right standards on human rights, European case law, Human Rights, the European of Court especially that of Strategic applying national legislation and international litigation also opens up the possibility of social justicerealised. equaltreatment,humanrightsand them, thusgenerating neededtoseetheprincipleof thesocialchange anti-Gypsyism,sothatsocietyasawholecan respond to and condemn and shine alightonsituationsof stereotypes and prejudices persist about the Roma topubliclyraise awareness population.Itisimportant Seejudgmentat: http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4029409-4701569 28 1 , Summary of strategic litigation cases brought in 2019 and follow-up of those pursued in previous years

In 2019 we advised and supported 17 cases through the courts, 10 of which were opened that year and the other seven being cases opened in previous years, one of which resulted in a successful conviction. FSG has also represented itself in court in seven cases, of which six are still ongoing, with the other case ending in the acquittal of the defendants.

We have summarised all the cases below.

A. CASES REPORTED THROUGHOUT 2019

1. Case of an aggravated racist attack against a Roma woman in Ontur (Albacete) This is a case of an assault against a woman by her neighbours in Ontur, on the basis of her being Roma. The incident took place on 16 March 2019 during the town’s local celebrations. When the woman went home after church, she was stopped by three neighbours, who pushed her and told her: “You’re not coming in here, fucking Gypsy”, “Fuck all your race, Gypsy”, and hit her multiple times and threw her on the ground. The woman, convinced that what had happened to her was down to her ethnicity, reported it to the Guardia Civil, submitting a statement of her injuries. FSG advised the woman and supported her to extend the nature of her complaint to include anti-Gypsy hate crime within the assault. On 4 April 2019 a complaint was made to the Albacete Provincial Public Prosecutor for an assault under section 147.1 of the Spanish Criminal Code, aggravated by racism under section 22.4 of the Criminal Code. Due to the seriousness of the incident, the context and the documentary evidence gathered (photos and medical report), we decided to represent the case in court. We are currently awaiting a ruling and the opening of the oral hearing stage.

2. Case of violation of fundamental rights of Roma families in the northern district of Granada2

This concerned the violation of fundamental rights of families living in the neighbourhoods of northern Granada, through continued power cuts since the beginning of January 2019. Certain Roma families we were supporting in the neighbours on the north side of the city explained to us that their children were missing numerous days of school, the healthcare centre suffered power cuts, some people’s breathing equipment they had at home had stopped working, and the streets were unsafe particularly for women and children, etc.

Given the electrical company Endesa’s lack of a solution, on 15 May 2019 a number of social

organisations, parishes and families affected, with the collaboration of FSG, filed a Claim for Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism the Protection of Fundamental Rights with the Granada Court of First Instance. Although we were not cited as a party in the claim, FSG supported and advised families and was actively involved in

2 This case received widespread media coverage, as can be seen below: https://www.lavanguardia.com/vida/20190606/462705452998/demandan-a-endesa-por-la-media-de-6-apagones-al-dia-en-zona-nor- te-de-granada.html https://www.ideal.es/granada/demandan-endesa-apagones-20190606140219-nt.html http://www.elindependientedegranada.es/ciudadania/vecinos-vecinas-zona-norte-plantan-cara-juzgados-endesa-cortes-luz https://www.cope.es/emisoras/andalucia/granada-provincia/granada/noticias/defensor-del-ciudadano-lamenta-indiferencia-endesa-an- te-los-cortes-luz-20191120_555669

29 Discrimination and the Roma Community 2020 4 3 See Judgment of theECHRinD.H. Republic, 13November 2007 SeeJudgmentof andothersvs. of theCzech See sections 18. 19 and 20 of Spanish Basic Law 1/2004, of 28December, SpanishBasicLaw1/2004,of Seesections18.19and20of onComprehensive Measuresto Protect from Gender Violence 3.   equality andnon-discrimination with familiesnotfrom theirbackground, and to live withtheiroriginalfamilyand the rightto violence gender to be protected as victims of the mother and her children the rights violated: the right of Following thisstudy, thecasewas deemedtobeastrategic litigation casegiven theseriousness of discriminatory treatmentby theauthorities. not would they mother their be vulnerable, to that the irregularities inthe procedure and ascertained could constitute unfair or returned be children the should that confirmed abandonment, of protection studiedtheadministrative and child case forFSG and experts thedeclaration inchildhood their family. grandparents were being separatedthe maternal from a good alternative to prevent the children improve from thereports socialworkers herpersonaland employment advisingthat situation,orof mother’sthe efforts of consideration no with opened, was eventualadoption for procedure wereapplications, also denied. Less than a year which later, on was denied it. Inaddition to the mother, the extended other members of family made fostering but torecoverabandonment on an interim basis. Themothersought intervention herchildren, decided on 25 May protection 2018 to declare The Andalusian Government’s service child discrimination. of andclearindications seriousirregularities suffered four and 18months, from aRoma woman who was gender violence, avictimof that inaprocedure abandonment andsubsequentfostering threeminors, forThis isacaseof aged adoptionof seven, to beputupfor adoption children three her of custody losing Jaén Romain a mother of case the in bias ethnic of Case blaming usersfor thepower cutsduetonotcorrectlymaintainingtheinstallations. Endesa responded Endesa on 24 April 2019 expressing about the situation,towhich our concern press conferencesand letters tothecompany and Before case,to cityhall. thecourt FSGwrote to proceedings,In parallel tothecourt socialorganisations inrallies, tookpart sit-ins, publicstatements, hearingon12December2019. toappearinapreliminary ordered were and theparties tothepowerout alternatives cuts. On 25 November 2019, the Claim was admitted for processing affected. We tothecase, alsosubmittedanexpert report writtenby anelectricalengineer, setting all coordinationmeetingswiththelawyer arguing the case and the socialorganisations and persons different actionshave been pursued: FSG isrepresentingthemotherthrough a specialistfamilyand human rights lawyer. Anumber of guardianship witheventual adoptionprocedure. the hasbeensuspended since thebeginningof which between themotherandthree children, toresumevisitation protectionAn application totheAndalusianGovernment’s service child toberevoked.three children A complaint before theJaen for Family the theguardianship Court witheventual adoption of 3 , the children’s righttocultural, thechildren’s and ethnic identity, they would belostif were which placed 4 . 30 2 May 2019, a guardianship a 2019, May 2 to  Accompanying the mother and the family in court. A court hearing was held and a ruling was issued dismissed both the mother’s application and the maternal grandparents’ application, who also submitted a challenge to the denial of temporary fostering, through a lawyer.

 We have filed an appeal before the Jaen Provincial Court of Appeal.

 Application to the Andalusian Government to re-evaluate the mother given her change of circumstances since the declaration of abandonment.

We are currently awaiting a ruling on all the ongoing proceedings.

4. Case of harassment of a group of Romanian Roma women in Madrid’s Plaza Mayor5 The events took place on 2 October 2019 in Madrid’s Plaza Mayor, where a group of Belgian football fans supporting Club Brugge were involved in a series of incidents humiliating and harassing a group of Romanian Roma women. FSG filed a complaint of hate crime and discrimination, under section 510.2 a) of the Criminal Code, against the Romanian Roma women, involving multiple factors of discrimination that aggravated the situation.

On 14 August 2020, we received notice from the Court dated 21 July 2020 of the Order of Provisional Dismissal and Shelving of the actions due to lack of proof of the perpetration of any criminal offence, and considering the events to have no criminal character.

In parallel to this, FSG published a press release6, and sent a letter of complaint to the Sports Council and a letter to the Belgian embassy informing them of what happened and expressing concern at the harassment and degrading behaviour towards the women. The Sports Council responded by declaring its solidarity and profound rejection of the behaviour, and stated that it was taking steps to ensure that such an incident was not repeated, and to identify the perpetrators and take the corresponding sanctions.

5. Case of anti-Gypsy neighbourhood rallies in El Pozo, Madrid7 This is a case of anti-Gypsy harassment in El Pozo, Madrid, on 17 and 18 March 2019, following the death of a local person who was stabbed to death by a Roma young person. Some Roma families living in El Pozo contacted FSG and expressed their fear and certain discrimination they were experiencing when going to supermarkets, pharmacies, etc. FSG advised them and supported the families to prepare a statement of concern about the daily rallies of certain neighbours holding anti-Gypsy signs. Various meetings were called by the District Councillor to mediate and solve the situation. On 20 March 2019, a complaint of threats and anti-Gypsy hate speech was filed, under section 510.1 of the Spanish Criminal Code, principally for protection to be provided to Roma families living in the neighbourhood whose safety was under threat. The local police passed on the complaint to the public prosecutor for hate crime, who shelved the proceeding on the understanding that the main crime of murder was already being examined. The local police are monitoring the situation in the neighbourhood and have told us that the situation is improving. Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism

5 In 2016, fans of PSV Einhoven (Netherlands) were involved in a similar incident, which was reported by Fundación Secretariado Gitano and other organisations, leading to the Dutch authorities fining the perpetrators and banning them from the stadium for two years. Recently, a Judgment has found them guilty of hate crimes. 6 https://www.gitanos.org/actualidad/prensa/comunicados/129510.html 7 This case was widely reported in the media, such as: http://www.telemadrid.es/programas/telenoticias-2/Tension-vecinal-Vallecas-muer- te-Paco-2-2104609589--20190318092821.html https://www.periodistadigital.com/politica/sucesos/201 9/03/1 9/una-absurda-reyer- ta-por-las-cacas-de-perro-acabo-con-la-vida-de-paco- acuchillado-por-un-vecino-gitano.shtml https://www.periodistadigital.com/politica /sucesos/201 9/03/1 8/matan-a-hombre-de-64-anos-de-un-navajazo-en-el-cuello-en-una-re- yerta- en-vallecas.shtml http://www.telemadrid.es/programas/telenoticias-2/Incendian-Visita-Pozo-Tio-Raimundo-2-2104909567--20190319094034.html http://www.telemadrid.es/programas/madrid-directo/nueva-concentracion-Vallecas-muerte-Paco-2-2104909559--20190319075846.html

31 Discrimination and the Roma Community 2020 9 8

Mediacoverage: Media coverage: https://www.rtve.es/alacarta/videos/informe-semanal/informe-semanal-racismo-invisible/5632223/ delminuto2:45) (apartir https://www.efe.com/efe/america/destacada/ser-gitano-sentirte-una-persona-menor/20000065-4266004 da-a-un-grupo-de-jerezanos-en-una-discoteca-de-el-puerto-por-ser-gitanos/ https://cadenaser.com/emisora/2019/07/15/radio_jerez/1563187162_904253.htmlhttps://elmira.es/14/07/2019/prohiben-la-entra- When leaving, shewas stopped by thesecurityguard who was convinced that thetoy thatherbaby ayoungThe caseconcerned Roma whowent girl toCarrefour withhersister-in-law andherbaby. inMadrid commit inashoppingcentre 8. We arecurrentlyawaiting notificationfrom thePublicProsecutor. intheprivate theCriminalCode. sphere,goods andservices 512of underarticle access to refusal Prosecutor for Public Provincial Jerez the with complaint a Accordingly,filed FSG deny thatithadhappenedorrecognisethere hadbeenany discrimination. take theappropriate stepstomakenever sureit happened again.However, the owner continuedto He was alsosentaletteraskinghimtoacknowledge theincidentandapologisetoboys, and FSG phoned the owner thenightclub, of whosaidthathewas anincidentoccurring. unaware such of “Yeah, we don’t want clienteleinhere”. thatkindof thatmeant“because weright type”.Theguyasked areRoma” if responded: andthedoorman guys asked how they were insisted:“Just that –you’re nottherighttypeand the doorman notthe days before. toldthem:“you Thedoorman can’t comeinbecauseyou’rethe notourtype”.Oneof “Banana” to celebrate a stag party. Whenentering, they showed the booking they had made three 14youngThe incidenttookplace on 13 July2019 when agroup of peoplewent tothenightclub Roma 7. obtener unaSentenciacondenatoria. de probabilidades de falta por recurso interponer no decidió se finalmente Sentencia, la recurrir nos trasladó su sensación de impunidad y a pesar de que se valoróLa mujer la posibilidad de noviembre de2019 Auto por el Juzgado de en Instrucción el que se notificaba el leve de amenazas, sincontemplar la agravante 22 de enero de racismo. de 2020 se dictó En fecha delito un como tramitándose y Diligencias de número el notificándonos Cuenca, de nº2 Instrucción diligenciasdelcaso que estaba judicializado enelJuzgadoel Decretodeapertura yarchivo de FSG la a notificó se 2019 de diciembre de 26 fecha En penal. Código del 22.4 art. del racismo que consideramos constitutivos 169 del código penal conlaagravante deundelitodelart. de El 5 de diciembre de 2019 se interpusounescritoa la Fiscalíaprovincial informando de los hechos, daughter, thedayIseeyou I’llkillyou both.” your with being place no has “he family,”Gypsy”, the “fucking in Gypsy a want don’tThey as: because she was Roma. and her motherand boyfriendthe girl’s Boththegirl received messages such suffering from insults, harassment and threats from thefamilyfor beinginarelationshipwiththegirl, and her motherby a girl boyfriend, thegirl’s harassment and his of thefamilyof This isacase of 6. Case of violation of a Roma girl’s rights, having been prosecuted for a theft she did not did she theft a for prosecuted been having rights, girl’sRoma a of violation of Case were they because Jerez in establishment an to access people young 12 denying of Case a Roma against inCuenca family andthreats anti-Gypsy harassment Case of “We don’t want Gypsies in the family. If your uncle and your brother find out it’ll kill them. kill it’ll “We out don’tyouryourfind and brother uncle family.the in Gypsies want If 8 . 9 32 Archivo 12de delacausa con fecha was holding, with a value of 6.90 euros, was stolen. The girl assured the security guard they she had not even been to the toys section of Carrefour that day, and that the toy was a free gift she received when a toy shop had opened. However, the girl heard the security guard tell his colleague: “They’re Roma, of course they stole it”.

In spite of the girl’s explanation, the security guard detained her for more than an hour and a half, with her baby, in the cold and without being able to feed her or change her nappy, until the police arrived. When the police officers, they booked the complaint, solely on the basis of the security guard’s testimony and without considering the girl’s explanations, who asked for the security footage to be consulted as evidence that she had not been in the toys section. She left with a citation to appear in court for a speedy trial for one count of petty theft.

The next day the speedy trial took place, in which the girl asked the judge to call the toy shop assistant as a witness and to view the security cameras. However, the judge only considered the security guard’s version of events, sentencing the girl to a fine of 26 euros for petty theft, plus a criminal record.

FSG assessed the case as strategic litigation, in which once again a Roman woman had been accused of a crime that she did not commit, based on prejudices about Roma women in shopping centres. The investigation was conclusive: FSG spoke to witnesses; we requested the recording of the trial in which the girl was sentenced and saw that the presumption of innocence had not been respected, in spite of applying to all persons in our criminal justice system. In this case, the sentence has no rational basis beyond the testimony of the security guard.

We filed anappeal before the Provincial Court of Appeal on the basis of violation of fundamental rights, such as the right to effective judicial protection under article 24 of the Constitution, due to the girl being deprived of a fair trial due to her ethnicity and the right to equality under article 14 of the Constitution, which in this case is clear since the girl’s version of events, which is consistent, coherent and persistent, is not taken into account.

In the appeal we called for the trial to be void and repeated with all appropriate guarantees, and also for the girl to be acquitted. The appeal was dismissed, in a ruling from the Court of Appeal that fails to address any of the fundamental grounds of the violation of the principle of equality and non-discrimination.

9. Case of harassment and aggravated racist threats against a Roma woman in Valencia

The case concerns the harassment and threats for more than two years that a neighbour directed at a Roma woman and her family, her child under legal age and her very elderly parents, with her father being disabled and needing care.

The woman filed a complaint on 8 August 2019, but the harassment incidents from the neighbour continued. On one occasion, the woman found notes in her letterbox that read: “GYPSIES, JUST DIE”, with a Nazi swastika drawn on it, and the word “VOX”. They also sometimes heard the neighbour Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism shouting: “If Hitler was alive there wouldn’t be Gypsies”, “Gypsies should be burned, if Hitler was alive there wouldn’t be Gypsies, dead Gypsies”, “Gypsies are rats and cockroaches”. When the neighbour encountered her, he would make threatening gestures, dragging his finger across his throat. Once, she heard him say that he had two hitmen who were going to go to their house as “not care if there were children or animals”.

FSG advised the woman, who filed an extension on the complaint, and in parallel we filed a writ with the Valencia Provincial Public Prosecutor to be cited in the proceeding for the offence of threats under section 169 of the Criminal Code, aggravated by racism under section 22.4 of

33 Discrimination and the Roma Community 2020 10 developments of proceedingsdevelopments brought of by FSG. In this section we will remark on certain cases that we reported in our 2017, 2018 and 2019 annual reports. We casesthatwe inour2017,2018and2019annualreports. oncertain In thissectionwe reported willremark willupdateonthelatest victims’ righttojustice. years will have is an undue delay the passed since the incident was that undermines which reported, for four 12 November The oral hearing has been scheduled 2020. When it isheld,a Court. total of referredtotheCastellónSeniorCriminal inturn which Court, the actionstoCastellónCriminal racist assault, and On 9 April 2019, the Public Prosecutor issued its provisional classification as a aggravated count of private prosecution. On 8 August 2018, FSG filed a petition for classification as private prosecution. Appeal of issued an order dismissing the appeal filed by the defendants, challenged which we as a 2018, the Provincial Court theracist assault. On14March thevictimof representationof the court town”. Given thatitwas aserious anti-Gypsyhatecrime, such FSGprovided legal defence through this of out “get or exterminated” be should race Roma “the as such comments anti-Gypsy of the CriminalCode, was wherea Roma child assaults with a Public Prosecutor in 2016 for an aggravated racist assault, under section 147.1 and section 22.4 of theproceeding opened by a continuation of This iscase of thecomplaint that FSG made with the aRoma against inCastellón attack teenager racist anaggravated 11. Caseof B. been shelved. Roma people. Havingreceived nonews from thePublicProsecutor, we assumethatthecasehas of dignity the damaging for Code Criminal the of 510.2 section and Code Criminal the of 170.1 Granada Public Prosecutor on18July2019, for threatsagainst theRoma peopleundersection the with a complaint filed office, we our to directly sent messages the of seriousness the of view In faggotsIshitonyourcut your off race andonyour dicks bastards”. whoremotherfucking suckers bloody you thieves comenearmeI’ll suckers if Ishitonyour bastards cock ancestorsfucking all your you ancestors let’s show seeif Gypsiescock suckers”, “Fucking your scumcock facefucking thieves all yourscoundrels I shiton your bastards eat shit fucking fuck race ancestors fucking and On 15 July 2019, our office in Granada received two written messages that read: “Gypsies fucking in Granada offices its to sent messages two through Gitano Secretariado Fundación to threats of Case 10. a conviction. appealing the judgment,inendshedecided notto,possibility of asshewas unlikely toachieve theneighbour’s impunity, herfeelingof The woman toldusof and although sheconsidered the found theretobecontradictory versions thatdidnotprove thatacrimehadbeencommitted. without includingtheaggravating racist factor, and the neighbour was acquitted, because the court throughoutprocedure. thecriminal Sadly, threats, offence of heardthecaseasaminor thecourt the trial, FSGaccompanied the womanOn the day any and kept of her informed of developments Criminal Code. the Criminal the Code, Roma and harassment of a crime ethnicity of under the section 510.2 of FOLLOW-UP OF CASESREPORTED BYFSGINPREVIOUSYEARS

on 12 April 2019, an order was issued to open the oral hearing , torefer stage 34 broken bottle, accompanied by shouts 10 12. Case of denying three Roma ethnicity young people access to a nightclub in Puertollano11

FSG reported this case on 5 December 2016 before the Ciudad Real Provincial Public Prosecutor, for denial of access to goods and services on the grounds of discrimination (set out in section 512 of the Criminal Code). This is a case of three young people who went to a night club in Puertollano. When attempting to enter, a doorman told them: “I can’t let you in because my boss goes mad if we let in Gypsies”.

The trial was held on 16 January 2020 and the three defendants were acquitted (the two doormen and the nightclub owner)12 due to contradictory versions and disputes in the versions of events. FSG filed an appeal against the Court’s ruling on 19 February. We are currently awaiting a ruling on the appeal.

13. Case of denying two Roma ethnicity boys access to a bar in Valladolid13

The case concerns and young man with three boys, all Roma, who entered a bar and were told by the waitress: “we don’t let minors in, and my boss doesn’t allow Roma either, so you have to leave”. The waitress gestured to their friend who was inside the bar, also of Roma ethnicity and said: “you’ve got to leave because my boss doesn’t allow Roma, he doesn’t want to lose customers”. FSG filed a complaint with the Valladolid Provincial Prosecutor for the offence of refusing access to goods and services under article 512 of the Criminal Code, and we pursued a private prosecution. The examining criminal court issued a provisional acquittal, on the basis that: “the commission of the crime does not appear to be duly justified...”. The Provincial Court of Appeal partially held up our appeal, preventing the case from being closed. FSG and the Public Prosecutor both filed statements of prosecution and the application

14. Case of an aggravated racist attack against a Roma girl by her landlord

This is a case of an aggravated racist attack upon a Roma ethnicity girl by her landlord; when he discovered she was Roma he hid the household utensils and told her, “your boyfriend is Moroccan and you’re Roma, I don’t trust your type”, until one day he threatened them with a knife, injuring the girl’s hand. FSG filed a complaint on 26 July 2018 with the Granada Provincial Public Prosecutor’s office for hate crime and discrimination, for assault under article 147.1 of the Criminal Code, aggravated on the basis of racism under section 22.4 of the Criminal Code. The Public Prosecutor notified FSG on 20 September 2018 of the opening of the investigation stage and referral to the court. On 13 November 2019, we accompanied the girl to Court for the oral hearing, in which the girl was a prosecution witness. The proceeding was eventually shelved by the Court.

11 This case was reported widely in the media, for example: Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism https://www.eldiario.es/castilla-la-mancha/denuncian-discriminacion-personas-discoteca-puertollano_1_1076773.html https://www.lanzadigital.com/provincia/ciudad-real/denuncian-discriminacion-racial-en-tres-discotecas-de-puertollano-mi-jefe-no-quie- re-gitanos/#ringtone/gallery/post_img_gallery/2 12 See FSG press release: https://www.gitanos.org/actualidad/prensa/comunicados/130703.html 13 Media coverage: https://www.eldiadevalladolid.com/Noticia/ZAECF554A-972A-6239-9B39ABBCAE56EC06/201910/Juzgan-al-dueno-de-un-bar-por-im- pedir-la-entrada-a-gitanos https://www.elnortedecastilla.es/valladolid/dueno-camarera-valladolid-20191023111552-nt.html https://www.abc.es/espana/castilla-leon/abci-dueno-y-camarera-valladolid-juicio-impedir-entrada-jovenes-gitanos-201910231154_noti- cia.html https://www.tribunavalladolid.com/noticias/absueltos-el-dueno-y-la-camarera-de-un-bar-que-estaban-acusados-de-no-dejar-entrar-a-per- sonas-de-etnia-gitana/1573246691

35 Discrimination and the Roma Community 2020 14 See FSGpressrelease:https://www.gitanos.org/actualidad/prensa/comunicados/129289.html world countriesfor centuriestocome” For ourown hopethey don’t good, we around for stick long, onbeingathird carry orelseSpainwill plague, don’t and we their flamenco shit, their slum neighbourhoods and all the rest. any more of want marginalisedthemselves andblamedothers...we don’t this toput upwithit.They arethecauseof have deserve it”. (ornot human, youmight say)”. Whydowehuman race gypsies somuch? Honestly, hate becausethey The website comments, including:“Everyoneof containedaseries knows aGypsyis. It’swhat asemi- onawebsite hatespeech dehumanisingandincitinghateagainst Romacrime of people. thecasetospecialistprovincialFSG reported publicprosecutor on5December2012 for a speechonsocialmediaawebsite hate 17. Caseof We for trial. awaiting adate have filedoursubmissionsandweare recently provide about theperpetrator. information thepreliminaryapplications made byand one of FSGwas upheld,withthewebsite beingasked to theperpetrator.comments, theevidenceobtained and the locationof Thesuspect was interviewed the Code, duetoseverity of Criminal the of 510.1 article under crime a for prosecution private the comments waswhere the author of located. are going to end you anyway...” the Ourense Court, in favour of recused itself . The Santiago Court us,we after come scum, subhuman you listening you Are time.... of It’s deserve. matter a just they what know all we and subhuman they’re is, scum that what known “....we need” they it’s extermination, forwhat asking “they’re exterminated”, be to screaming are garbage “that againstconstituting extreme Roma forum Burbuja.info, hate speech as, people on the internet such remarks of series a for prosecutor public Compostela de Santiago the with complaint a filed FSG speechononlineforum Burbuja.info anti-Gypsyhate 16. Caseof courts. for competence reasons. Theadministrative isgiven claimiscurrentlypaused until a ruling by the Gypsy grounds. We were notified the of referral from City Hall to the Security Directorate General anti- on access of denial for Affairs Consumer for Office the with wasParallelfiled claim a this, to hearingstage. aruling, hopingwillopentheoral awaiting whichweare currently and the boys were orderedtogive testimony. They inanidentityparade. recentlytookpart We are in the private sphere, the Criminal Code.services An investigation under section 512 of was opened on16April2018 crimeanddiscrimination Prosecutor for hate the with Public complaint Valencia a Romafiled let FSG byto in”. mytold not been “I’veboss nightclub; whenthey indicatedthatthey theestablishment,doorman approached couldnotenter: discrimination on ethnic grounds throughThis isa case of refusing three Roma boys access to a denying Roma three ethnicityyoung peopleaccesstoanightclubinValencia15. Caseof 2019. to give took place on 16 September Criminal Court evidence as witnesses inthe oral hearing, which in that area. On 29 August 2019 weactions to the courts received a citation from the Málaga preliminary investigations, discovered that the author was located in Málaga, and referred the The proceeding was brought by theBarcelonaPublicProsecutor, following which, aseriesof “But gypsies, others for as longasthe stolen, treated world hasexisted, have like shit, . 36 We were cited in the proceeding and pursued a pursued and proceeding the in cited were We 14 for refusal of access to goods and for refusal of

On 24 October 2019, we were notified that a judgment was issued to convict the defendant for an offence of hate and discrimination, sentencing him to six months in prison and a special disqualification from passive suffrage and four months of daily financial penalty of 10 euros. Conclusions

1. The strategic litigation cases that FSG has undertaken have achieved major progress:

 The possibility of passing the standards of international human rights organisations in the fight against discrimination and racism to national case law, as well as case law of the European Court of Human Rights.

 Practice and experience in the years that FSG has been litigating has equipped us with tools and coordination networks with key players in the justice administration (specialist public prosecutors, judges and lawyers) and we have established synergies and alliances with organisations that work to tackle racism and discrimination.

 An importance achievement is to reach people who have suffered discrimination and hate and are not in a position to pursue litigation themselves, either due to fear of retaliation, lack of knowledge of the courts system or the high cost of legal representation. That is one of our main goals – to provide support in long and complex situations that are difficult for an individual to manage.

 When attackers respond in court, even when the eventual ruling is not in favour of the victim (frequently, through application of the principle of minimum intervention of criminal law), Roma people feel less of a sense of impunity, have greater trust in institutions, and the rate of reporting goes up.

 We shine a light on cases that perpetually arise, such as denial of access to goods and services or intersectional discrimination suffered by Roma women in shopping centres. These are cases that are repeated year after year, and we continue to denounce them.

 Roma people who we accompany and represent in court tell us that they feel empowered to be claiming and exercising their rights, as holders of these rights. Litigation empowers and gives a voice to Roma men and women who decide to report their case in exercise of their rights and that of their community.

2. A series of procedural difficulties arise when pursuing strategic litigation in cases of discrimination, hate crime and anti-Gypsyism: Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism  Lack of response on many occasions, creating impunity, in spite of the creation of the figure of Provincial Public Prosecutors for Discrimination and Hate Crimes, which was a major step forward to guarantee specialist knowledge in this kind of crimes. However, there is no such specialty in the justice administration.

 We must emphasise that the complexity of these discrimination and anti-Gypsy hate crimes necessitates a comprehensive approach, with a focus on human rights, diversity and gender that is currently practically non-existent.

 Anti-Gypsy prejudice in the judiciary and police persists, as well as a lack of empathy with victims and continued ethnic bias, sometimes aggravated by gender prejudice.

37 Discrimination and the Roma Community 2020    4.     3.    reported cases. reported of tracking continued the crime, enable hate to and against discrimination fight the in with work more resourcesarepouredin,andtocontinuepush coordinationwiththeorganisations we we which have seeninmany thecases we have anti-Gypsyism, of brought before However, thecourts. including that itisimportant racism, of forms all against fight the in forward step huge provincial prosecutorsThe creationof that specialiseinhatecrimesand discrimination was a and anti-Gypsyism. hate crimes, discrimination regulations and standards that apply in cases of and international victimtestimony,credibility of andexploring theintersectionalfocus andknowledge national of helping tocombat prejudice, coming into play whenaddressing cases and questioning the (judges,Awareness setting prosecutors, attorneys),for duty court key training the and in officers strong prejudiceandstereotypesagainst and theRoma persist. crime, community of kind this address to training sufficient lack still officers many discrimination, and specialisthate crimeunitswithinthenationalsecurityforces hasmade in combating hate crime of A training plan is needed for the national security forces. the progress that the creation Inspite of crimeanddiscrimination: hate tocasesof byin theresponse policeandthecourts Taking into account the above circumstances, it would be helpful to continue to make progress indicated above preventing asatisfactoryoutcomefor victims Sometimes, opening a court proceeding raises expectations that are not fulfilled, due to difficulties in detailorfailtorecognisetheperpetrator inanidentityparade, leadingtoanacquittal. The delay inholdingoral hearingsisdetrimentaltovictims, whoare not able to recalltheevents swift andeffective justice.achieving On theotherhand,many proceedings areexcessively drawn out,preventing victimsfrom do notallow themtotake thattime. to them and to take the decision to file a complaint, but statutory deadlines in many proceedings Deadlines can be disadvantageous tothevictims:they need time toabsorb what has happened Moreover, fromthevictim’s toaccessjustice: otherbarrier are perspective, there aggravating factor. Gypsyism in particular. Likewise, a conviction is secured but without the there are cases in which discrimination and racism in general, perpetrators of The low and anti- convictions of rate of emotional tollonvictims. impunityand thesystem’sgivefair trial, to grant failure justice. asensationof Italsotakes an are also undue delays Málaga and therefore and Castellón),which violatetherighttoa of The slowness trials, taking up to seven oral of hearing stage years (see the cases to reach is difficult discrimination. for criminalproceedings tosucceedincasesof contradictory versions”.presence of Since it isnot possible to reverse the evidentiary burden, it cases, the proceeding the assailants and the victims. Insuch is often shelvedof due to “the In criminal proceedings it is very difficult to offer evidence, since this boils down to the testimonies 38 .  In order to place greater focus on hate crimes, discrimination and anti-Gypsyism affecting Roma people, the statistical reports of the Public Prosecutor’s Office and the Judicial Power Council should include a category on anti-Gypsyism, as is planned for 2020 in the annual reports of the Ministry of the Interior, and in the monitoring rounds on hate speech published by the European Commission. Strategic litigation undertaken in cases of discrimination, hate crime and anti-Gypsyism

39 Discrimination and the Roma Community 2020 40 Chapter 4

In depth: Analysis of discrimination in access to employment

41 Discrimination and the Roma Community 2020 idea of equaltreatmentand opportunities, itlays idea of the into fits equality of conception the of some employment and self-employment;of c) although and access to professional training, bothinterms working conditions, but also entrytoemployment discrimination in b) it does not just concern byadopted Nations; those United preceding the bans that general work, discriminationintheworldof instrument international first the is it This Convention because:a) 111 is important theILO since8Novemberbeen amemberof 1985. Occupation) Convention, 1958(No. 111).Spain has applyingthe Discrimination(Employment and of Labour Organization has stressed the importance On morethanoneoccasion,theInternational toaccesstheserights. the leastopportunities the that realise population groupsRoma with isoneof community soon we dignified, is people ensure that the existence and development of to essential assomething right a human define However, aswesee inwhatfollows, will we if work and to protection against unemployment.” employment, tojustand favourable conditions of “Everyone of hastherighttowork,freechoice of Declaration Universal 10December1948 reads: Human Rightsof the of 23.1 Article signed. thatSpainhas numerous instruments international itsconditionasahumanrightin but becauseof the right to work with other fundamental rights, of developing it, notjust due to the interdependence guaranteeing, of protecting the importance and should not mislead major legal operators about therefore afterChapterIonfundamentalrights the righttoworkisincludedinChapterII,and citizens).Thefactthat on therightsanddutiesof right to work (section35.1,ChapterII, Section 2 the recognises 1978 of Constitution Spanish The theRoma community of and thesituation 1. Introduction: the human right to employment of discrimination: afundamentalpillartoachieve discrimination: adignifiedlife of Employment and the Roma Community. The right to employment free Department of Equality and Fight Against Discrimination, FundaciónSecretariadoGitano EqualityandFight AgainstDiscrimination, Department of María del Carmen Cortés Amador y Cristina de la Serna AmadoryCristinadelaSerna Cortés María delCarmen 42 in the realm of employment. employment. in therealmof for Romatreatment andequalopportunities people it hasbecomeadrivingforce topromote equal population. Inthe20years thatithasbeenrunning, effectively employingultimate aimof theRoma andimprovedrecruitment employability, withthe to CombatDiscrimination.Thisisaprogramme for the European SocialFund’s Operational Programme Acceder employment programme inthecontext of ago FundaciónSecretariadoGitanolaunched the citizenship,and the fulldevelopment of 20 years key elementstoguaranteeing equal opportunities the and inequality and that employment is one of social disadvantageConsidering the position of asothercitizens. opportunities inequal to enjoy rights, goodsandservices thepopulation groups that most struggles one of community, theRoma population in Spain remains European theRomastrategies for theinclusionof nationaland thepreparation of and in spiteof programmes developed by thepublicauthorities; the numerous plans and conditions; in spite of in Spaintoimprove theRoma population’s living population groups. the achievements Inspite of the most rejected and discriminated against one of Roma population in Spain and Europe has been Regardless theselawshave saidhistorically, of the circumstances, includingethnicorigin. series of discriminationfor a in equalconditionsfreeof ensure thattherighttoemploymentguaranteed is transposed into our law, also oblige States to have been which Directive 2000/43/EC, both of At European level, Directive 2000/43/EC and it invitesnationallegislators toadd origin), others. nationality orsocial political opinion, religion, discrimination to combat (race,of colour, sex, causes although itsetsouttheclassiccatalogue of d) it shines a light on indirect discrimination; e) door open for States to establish positive actions; the foundation to go beyond it and leaves the On the 20th anniversary of this transformational “decisive to employment”, such as gender, age, programme, which has had such an impact and social situation and family responsibilities, with has changed so many lives, the Department education being one of the most decisive factors of Equality and Fight Against Discrimination to securing employment, in particular having at Fundación Secretariado Gitano wants to successfully completed secondary education. pay special particular tribute, by focusing our However, these factors do not explain it all: even annual report on the issue of discrimination in weighing up the data and giving the general employment. population the same characteristics those of the Roma community in terms of these factors, the In spite of the major progress made in the labour investigation showed that differences between inclusion of Roma people, there is still huge the groups in accessing employment remained. inequality and social and labour disadvantage, The initial gap would reduce to just over half, which was recently confirmed in “Comparative but there would still be a difference due to other study on the situation of Roma people in Spain reasons. This “black hole”, as the study calls it, in relation to employment and poverty 2018”, could be owing to various elements not measured published in 2019 by Fundación Secretariado in the study, one of these being discrimination. Gitano. According to the Study, 53% of Roma men According to the Study, there are still large gaps and 42% of Roma women say that they have between the general population and the Roma felt discriminated against, particularly in areas population when it comes to employment, which related to work such as interviews or relationships are particularly large for Roma women, and this with their managers. This percentage is similar to has an impact on the poverty rate. For instance, the the figure documented in previous employment unemployment rate among the Roma population is reports on employment and the Roma population 52% — three times more than the unemployment published in 2005 and 2011: the percentage of rate in the general population, which is 14.5%. people who said they felt discriminated against As we said, for women the differences are even at work has held steady at around 45% in all greater: while the unemployment rate among three editions of the study. In addition, throughout Roma women in 60%, for non-Roma it is 16%. the last 16 years that we have been assisting victims of discrimination, we have documented However, there are other important indicators numerous cases in the realm of employment, of the gap between the Roma community and meaning that there is no doubt that discrimination the rest of society, even when the do manage continues to be one of the barriers faced by to break into the labour market. Firstly, the low Roma people when attempting to exercise their rate of salaried workers in the Roma community right to dignified employment in equal conditions. (53%) is alarming when compared with the rest of society (84%), meaning people working in jobs with more regulated and protected workers’

II. Discrimination in access to and during In depth: Analysis of discrimination in access to employment rights. Moreover, the high percentage of Roma employment of Roma people: the most common people engaged in unregulated and precarious discriminatory practices work is also alarming: while the temporary work rate is 27% among the general population, for For the past 16 years, the Department of Equality Roma people it rises to 73%. These figures paint and Fight Against Discrimination Fundación a picture of exclusion from the work market, Secretariado Gitano has been identifying and resulting in lower participation, poor protection recording incidents of discrimination and anti- of rights, precarious employment and few Gypsyism in access to employment and training possibilities to make sufficient social security for employment, as well as other incidents taking contributions to ensure a dignified pension in place during the period in which the Roma person future. is employed.

The uneven situation in terms of the Roma FSG has published 16 annual reports on community’s access to the labour market is owing discrimination and the Roma community between to numerous factors, according to the authors, 2004 and 2020. In that time, it has examined and

43 Discrimination and the Roma Community 2020 experiences with otherRoma people. has notbeenhireddue to previousnegative the candidate is Roma, orwherea Roma person seen how joboffershave “disappeared” when centres or establishments. Onoccasions, we have intheirwork people tocarryoutinternships Roma people, orhave refused to all Roma shown theirprejudiceandhave refusedtohire Many discrimination have perpetrators openly of prospects.hire a Roma of person or theirlack and prejudicestranslate intoadirectrefusal to stereotypes of The associationand permanence sufficient reason to not even interview candidates. neighbourhoods haveaddresses in certain been or surnames certain of identification the cases, processes. inrecruitment In these particularly Roma, is or be to appears someone because opportunities to offer continue tobetherefusal discriminatory situations inaccess to employment been able to identifythat the most common From the434 cases we have analysisof responsibilities. family work,duetotheburdensof remunerated gaining access to thepossibilityof of in terms educationand to completeformal opportunities a terriblehindrance towomen, of bothinterms above, itiscleartoseehow thegender role is and the Roma population that we referred to an education. In FSG’s study employment of orreceive togo to school had the opportunity greater impact on Roma women who have not discrimination. to a specific kind discrimination:intersectional of nodoubt contributes due to being Roma, which Roma women have added disadvantages simply suffer discriminationinemployment. However, woman Roma motivation and the difficulty of gathering evidence. proving racist of difficulty the to due uncertain be may fearretaliationfrom theemployer; they may preventing themfrom any reaction;they kindof have orassimilatedthediscrimination, normalised that aresupposedtoprotect theirrights;they theinstitutions discriminationdonottrust kind of the Roma some majority of peoplewhoarevictims because occurs area this in Underreporting discrimination inaccesstoemployment. cases of of to the widespread underreporting the reality due These cases are just a sample of sector. private the in in employment, mainly documented of discrimination 434 cases of a total of —like themajoritywomen — Thisdiscriminationmay have a 44 have been the main channels of communication communication of have been the main channels For peoplewhodiscriminate, mediatingand liaising great impactontheirsituation. them tailoredadviceandaccompaniment hasa inspectorates. Empowering people by giving discrimination totrade unions orprovincial labour like or pass on their experiences to report of instances, Roma people have saidthey would there are limited employment sources, insome insmalltowns where particularly retaliation, forrejected any fear intervention of kindof people affected have Although the majority of sphere. human rightsinthepublicsphereandprivate andreclaimingtheir a majorbarriertoreporting forthat is, theyounger particularly population, resignation inevitable inlife—asituationof discrimination as something natural and of the assimilationornormalisation with victimsis faced with discriminationinemployment, etc.) onrightswhen information in-person support, (in-personortelephoneinterviews, interventions elementtostressaboutour An important the company orinformingtrade unions. complaintto inspectorate orsendingaletterof labour the claim, judicial a filing as such options victims on their rights, theworkers statute and fundamentally based and on informing advising discrimination and anti-Gypsyism tookplace inthese 434 cases of Our interventions avoid beingfired. or stays it inorder to quiet and does not report extent toleave thattheRoma personchooses employee isautomaticallysuspected), to the asmissingcash,whentheRoma workplace (such anyaccused of incidentthattakes place in the It alsocontinuestooccur that Roma workers are in customer-facing roles. renewal contract orany of promotion,particularly cases, themanagersuch or employer refusesa In their own colleaguesannounces themassuch. of one when or such as identified theyare when Roma, as identifies worker the when place takes supposed to be, discriminationinemployment in thecollective imaginationabouthow they are people donotmeetthestereotypeentrenched diversity andheterogeneity.Since many Roma theSpain Romaof population istheirgreat characteristics themostremarkable One of and contact, which we have combined with mechanisms to effectively apply any laws awareness and information about breaching that will protect and defend the right to equal legislation and the possibility of being prosecuted treatment and the right to non-discrimination in for discriminatory attitudes and behaviour employment. towards Roma people. Although many companies continue to deny that discriminatory situations and It is essential that we promote coordinated behaviour take place towards Roma people, we work to defend equal treatment and non- have had some success stories, mostly thanks to discrimination and, therefore, the application the work of our employment scouts in our Acceder of anti-discriminatory employment laws with the employment programme, achieving the right main institutions and authorities involved such as solution not just for victims of the discrimination but regional labour and social security inspectorates, for other Roma people who have been hired after trade unions, including companies and employers. the change in attitude created by companies and Fostering a company culture of awareness remains managers. fundamental to their acknowledgement of the right to employment as a fundamental right, with When the strategy chosen has been to file protections and constitutional safeguards, and complaints with the labour inspectorate, there also that the right to work represents a link for have been very few occasions in which we have every citizen with the society they belong to, and obtained an appropriate answer, and there in which they are entitled to actively participate.. are practically no cases of companies being If opportunities are not created to make this link, prosecuted for anti-Gypsyism or discrimination Roma people will be automatically excluded. against Roma people. We believe there is still much progress to be made, and these institutions If we want to achieve a fairer, more inclusive need to investigate more thoroughly and better society capable of tackling and contemplating apply European standards (that are also all diversity currently in the working environment, transposed into labour regulations) in terms of we cannot allow there to still be persons — the necessary investment in evidentiary burden citizens — who still have no ability to access to when reporting discrimination. minimal levels of social welfare, which often is the gateway to dignified employment.

Encouraging active employment policies and Conclusions and recommendations. Proposals access to education and training for employment to tackle discrimination in employment are fundamental, and they must be adapted to the reality of the Roma community. If we want Employment is a human right on which the these policies to be truly effective and have effective exercise of many other rights depends, positive outcomes, public powers and authorities such as the right to participation or the right to must address the fight against discrimination as a sufficient pay to satisfy their needs and those of chronic structural problem preventing the labour their family, as well as other civil and political inclusion and promotion of Roma people. In depth: Analysis of discrimination in access to employment rights. For this reason, we believe it is vital to take steps We have seen how, in spite of Spain being a and make proposals to properly address the country with development policies based on discrimination suffered by Roma people in the human rights and democratic principles such as realm of employment: equal treatment, it barely reaches the target set in article 9.2 of the Constitution, which establishes - Eradicate discrimination towards the Roma that, broadly speaking, the promotion of equal community, for which we need the approval of opportunities and the obligation of public powers a comprehensive equal treatment and non- to “remove any material barrier and guarantee discrimination law that establishes sanctions equal opportunities in accessing dignified, quality for people and companies who discriminate employment”. against Roma people for any reason.

To realise this human right of the right to work, - It is also absolutely essential that the authority States must establish the legal and administrative responsible for enforcing labour legislation, the

45 Discrimination and the Roma Community 2020 - There must be oversight of labourrelationsto beoversight- Theremust of - We needcompanies to pursuetraining, skills - We ina way need companies to recruit co-workers. social and cultural diversity inrelationsamong to foster intercultural values andrespectfor prevent and address labour discrimination and corporate socialresponsibility. their Roma of and the hiringof people as part skills andability. physical appearance, and hire according to stereotypes and prejudice regarding image or process.recruitment Itisvitalthat we break down that guarantees equal treatment during the Roma amongitscoreobjectives. community discriminationagainstand eradication the of Labour Inspectorate, includestheprevention 46 - We need an intersectional focus and effective - To Roma guarantee a fairer presence of women - We discrimination at work need victims of occupational training. inequalities affecting Roma women inworkand measures toalleviatethedisadvantages and policies areneededfor women. in thelabourmarket,tailoredactive employment properly. essential thatthey working seethosemechanisms iswhy itis encourage which themtoreport, and institutionsweto begintrust need Employment and the social safeguarding of workers belonging to the Roma population: ethnic discrimination with added gender discrimination. Mª Lourdes Arastey Sahún

Supreme Court Judge (Social Court) Introduction

Although not an absolute and unconditional right, 1.- The principle of equality and the the right to work is recognised as a fundamental prohibition of discrimination for specially right in article 6 of the International Covenant protected personal factors: ethnic origin. on Economic, Social and Cultural Rights of 1966, which states everyone’s right to have Article 14 of the Spanish Constitution reads: the opportunity to make a living through work “Spaniards are equal before the law and may not they freely choose or accept, and will take the in any way be discriminated against on account appropriate steps to guarantee this right. of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.” Within European Union law, article 15.1 of the Charter of Fundamental Rights (CFREU) declares As well as the Constitution, our domestic legislation that everyone has the right to engage in work and must be interpreted according to the international to pursue a freely chosen or accepted occupation. treaties that Spain has ratified. Article 23 enshrines equality between women and men in all areas, including employment, work The provision in the Spanish Constitution is also in and pay. line with article 14 of the European Convention on Human Rights (ECHR), which reads: “The enjoyment It goes without saying that the differences in of the rights and freedoms set forth in this employment between men and women persist Convention shall be secured without discrimination not just in Spain but throughout all EU Member on any ground such as sex, race, colour, language, States. This gap, which is far more than just a pay religion, political or other opinion, national or gap, becoming a separation in terms of spending social origin, association with a national minority, power, to women’s detriment, is exacerbated property, birth or other status.” in the case of the Roma population. This is particularly serious because our legislation not In addition, Spain’s membership of the EU has only forbids unequal treatment on the basis of meant that our legislation has accommodated

sex but also prohibits discrimination based on the principles of EU law. EU legislation prohibits In depth: Analysis of discrimination in access to employment ethnic or racial origin. discrimination due to sex, race, colour, language, religion or conviction, political or other opinion, We will briefly examine the scope of the association with a national minority, property, protection given for the ethnicity of people in our birth, age or sexual orientation (article 21.1). legal system, particularly the situations that have That general principle is developed in Directive generated a reaction from the courts in relation 2000/43, implementing the principle of equal to people from the Roma community, both in our treatment between persons irrespective of racial country and in Europe. or ethnic origin, which, according to the Court of Justice of the EU (CJEU), in cannot be interpreted in a restrictive way (JCJEU Runevic-Vardyn and Wardyn, C-391/09).

Given that discrimination due to a person’s ethnic origin constitutes racial discrimination, the

47 Discrimination and the Roma Community 2020 for people who are not of Romafor ethnicitybutlive peoplewhoarenot of Moreover, protection from discrimination applies CHEZ Razpredelenie Bulgaria AD). 16July2015, Herzegovina; andjudgmentof December 2009, Sejdic and Finbci v. Bosnia- andothersv.2005, Natchova Bulgaria; and22 6 July community, as in ECHRjudgment of such have applied thiswithoutquestionfor theRoma origin, traditions and life situation. Both courts as nationality,faith, language, religious cultural dueidentifies to itself be united by elements such ECHR, andisbased on how socialgroup acertain “ethnicorigin” ashasbeendevelopedthe in of conception same the to resorted has CJEU The are allincludedinthischaracteristic. minority nationality andbelongingtoacertain or ethnicoriginmeansthatcolour, language, whatshould beinterpretedasrace orracial of definition of lack The person. a differentiate to and thus refusestomake itan objective way and alleged, including “physical appearance”, “non-association” withanethnicity,both real or instance, France “association” and uses the term “ethnic affiliation”, national origin”or“ethnicassociation”).For “ethnic instance, (for use other names to enshrine anti-discrimination, nationallegislations beings meansthatcertain race asthewayof tocatalogue human inwhich human races. Thisexpress theidea rejection of the theoriesthattrytoestablishexistence of rejects legislation EU that see to interesting is It policies for Roma ethnicitychildren). Horvath & Kiss v. Hungary, in relation to education 2007, DH v. Republic,29January 2013, andof Czech November 13 of judgments in instance, pluralism andrespectfor cultural differences(for acontemporary democratic societybuiltontheprincipleof in justified objectively be can in treatmentbasedonsomeone’s ethnicorigin Moreover,enrichment. for theECHR,nodifference is notperceived as a threat but as a source of a democratic society wherediversityvision of available tocombat racism, bolsteringthe use all resources that reason, authoritiesmust and a robust reaction from the authorities. For perilous consequences, requiresspecial vigilance discriminationthat,duetoits hateful kindof Rights, has declared that it is a particularly European Human of theCharter the guarantor of is HumanRights(ECHR),which European of Court 48 disadvantage for preciselythatreason. from unfavourable treatmentoraparticular theyto theraceif question, orethnicityin suffer they equaltreatmenteven if of donotbelong including people are protected by theprinciple “discrimination by means association”,which AD, referencedabove). Thisissocalled 16 July 2015, CHTEZRazpredelenie Bulgaria of CJEU the of (Judgment Roma being residents be down theneighbourhood’s tothemajorityof as were all her neighbours, and believed that to to a Bulgarian citizen whowas disadvantaged directly at the Roma population. This happened negatively affected by antidiscriminatory conduct with oridentifythegroup, whenthey are the seedsfor indirect discrimination. subsequent access toemployment), and thus sows in spreading to otherareas (particularly propagates opportunities future inequality of December 2012, Sampani v. Greece), which 18 December 1996, Valsamis v. 11 Greece; of Republic theECHRof cases, seeJudgments of education (inadditiontotheHungary andCzech rifeinaccess to discrimination isparticularly regarding citizens from thisgroup shows that theECHR Analysing thecasesthathave reached and itsconsequences in education discrimination a) The incidence of Roma on thediscriminatorytreatmentof people. specific circumstances that have led to rulings court others v. Corada). We willexamine below the 16May 2010,Orsusand (ECHR Judgment of needs andway life of bepaidtotheir means thatspecialattentionmust citizensbelonging to theRoma of community Republic, citedabove).Czech Thevulnerability v. DH judgment (ECHR difficult extremely is life conditions, difficult country they live, in public and their participation very in societiesinthe frequently onthemarginof live to continue rejection thatmeanstheirmembersoften European societies have shown a longstanding In terms of Roma people, the CJEU has found that have Courts identified insocialmatters the that population the Roma of discrimination of points Focal 2.- These countries coincide in having education In a case such as this, the discrimination is tangible policies that encourage segregation. if there is a clear and disproportionate prejudice against electricity users in that neighbourhood In the same vein, in discrimination and access to through difficulties being imposed on them employment and the resulting economic security regulating their electricity use, which is offensive and protection that it entails, Directive 2000/43 and stigmatising because it was limited only to is taken into account where it states that areas where the Roma population resided. The discrimination based on racial or ethnic origin company would have had to provide evidence may jeopardise the achievement of a high level that it was the only possible way to prevent of employment and social protection, a greater fraud and abuse, protect people from the rights quality and standard of life, economic and social that these acts pose to their life and health and cohesion and solidarity. guarantee the quality and safety of electricity distribution in the interest of all users. b) The anti-discriminatory perspective for traditions relating to the home Another case in which authorities’ actions were based on stereotypes and anti-Gypsy prejudice The Court has outlined a protective framework was ruled on by the ECHR on 25 March 2010, of the characteristics of the Roma people that Paraskeva Todorova v. Bulgaria, concerning the has included circumstances such as definition of refusal to suspend criminal convictions because of home address. It found that traveller life was an the preconception that the Roma population had integral part of Roma identity as it is embedded a culture of impunity. throughout the traveller tradition, including when, due to urban development and various e) Invoking a violated principle of non- policies, many members of this community no discrimination in dismissals longer live an entirely nomadic life, but more and more frequently spend a long time in the same Our country has seen very little employment- location in order to educate their children. As related litigation relating to discrimination such, “Measures which affected the applicants’ against Roma people. occupation of their caravan had therefore a wider impact than on the right to respect for The judgment of the Andalusia High Court of home. They also affected their ability to maintain Justice of 21 April 2016 (appeal 875/2015) their identity as gypsies and to lead their private dismissed an employee’s assertion that they were and family life in accordance with that tradition” dismissed for reasons relating to their Roma (Judgment of the ECHR of 18 January 2001, ethnicity. This is a case in which the employment Coster v. United Kingdom). contract was for the provision of services for a federation of Andalusian towns as the counsellor c) Acts that may have stigmatising effects of the “Andalusia Roma Community Plan”, managed through subsidies from the Andalusian

The matter of Nikolova v. CHEZ Razpredelenie Government. When the subsidies stopped, the In depth: Analysis of discrimination in access to employment Bulgaria AD, to which we have referred, examined employer decided to end her employment using the extended protection of those not of Roma a dismissal on economic grounds, under article origin but who live in a majority Roma community. 53c) of the Workers Statute. The employee The CJEU examined the conduct of the electrical challenged the dismissal and argued that her supplier that placed electricity meters far higher right to equality and non-discrimination had been than normal, at a height that consumers could not violated because of her ethnicity, and that the access. It so happened that doing so affected dismissal should therefore be reversed. a majority Roma neighbourhood, in which the electricity meters had been placed among the When a fundamental right is invoked, such as overhead power lines, at a height of six or in this case, Spanish law and EU regulations seven metres, while in other neighbourhoods the establish a mechanism to share the evidentiary company had fitted the meters at 1.7 metres tall, burden, which means that the defendant has to usually in the customers’ homes or on the front of prove that their decision was not discriminatory homes or front fences. but based on other reasons. However, the

49 Discrimination and the Roma Community 2020 legislation the marriage ritual, since social security effects of instance,first the In issue the the determining was them toasurvivor’s pension. purposes with thedeceased in ordertoentitle ritual andhadnotformalisedamarriage for civil by someone who was married through Roma a survivor’s pension application for recognition of have onan the Spanish socialcourts had to rule occasions in which There have been a number of by Romamarriage ritual following benefits and pension Survivor’s g) theSpanishConstitution. 14of article otherwise would bediscriminationprohibited by it isanalysedinequal conditions. To attempt environment inwhich because be thetrue it will environment.independent from Thatis ethnicity, the applicant fell at a disadvantage due to her status, education and culture, iswhere which employmentfamily situation, andprofessional ethnic group asage, butevaluation factors such make noreferencetobelongingaparticular social factors,or theapplications but certain illnesses or afflictions any only not take account into which benefits, non-contributory on Rules Justice, of 31May Burgos,Court 1999). of theCastillayLeónHigh the Labour Chamber of eligibility for a disability pension(judgment of disability for when trying to secure recognition of group was consideredanegative socialfactor Spanish citizen argued that their belonging to the Curiously, aRoma ethnicity thisisamatterinwhich f) Refusing to consider ethnic origin as a disability company’s economicgrounds were upheld. programme hadbeendismissed.Intheend, working on.Inaddition,alltheemployees inthis theproject shewas thenature of because of she hadbeenhiredpreciselyfor thatreason, motivated by the employee’s Roma ethnicity since any indicationsthatthedismissalwas because it was decided that there couldnotbe was thedismissal to,the annulmentof denied meansthatinthecasereferred This mechanism theevidentiaryburdentotake place.of equalityinorderforundermining thatinversion conduct providecomplainant must suspicions of 50 judgment. 2018 (2401/2016) 25April in itsjudgment4/Plenaryof possibility that fulfil rejected that requirement. TheSupreme Court to instrument registration own its be made about whether theRomacould ritual itself local council. Asa result, a decision had to be specific the of one registers intheresidents’autonomousregionor in registered be to need in aRoma ritual.However, does thepartnership has been formalised their partnership receive it if pensions)can survivor’s marriages of (interms who meettherequirementsfor commonlaw therefore a legal marriage isnotrequired.Those marriages are eligible for pensions, survivor’s Currently, under common social securityrules, law spouse. thesurviving for thepensionof unlawful todeny themthat same consideration as marriedinmany otherinstances, itwould be the Spanishauthoritieshad recognised thecouple MuñozDíazv. foundof that,since Spain,which on8 December 2009, in thecase issued aruling this decisionwas upheldby thecourts, theECHR and Social Securityrefusedtorecogniseeligibility of spouse inquestion.AftertheNationalInstitute they the thedeath of were married at the timeof grants for eligibility pensiononlyif asurvivor’s 1 Fundamental Rights Agency (FRA) has found that, thepopulation.TheEuropean and therestof that mean there isasubstantialgap between Roma people job of paid a number securing in difficulties the the that means workingage isalso higher;people of however, This citizens. EU that the Roma population is younger than average used demographic informationthathighlighted the main actions wasOne of education, and it housing andhealth. improve theirinclusionineducation,employment, strategies to integrate the Roma population to national specific develop to States Member urges Integration it RomaStrategies upto2020”(COM(2011)),inwhich National for Framework “EU In 2011,theEuropean Commissionpublishedthe and welfare 3.- Thegenderperspective inemployment The position of the author can be seen in the individual votes of the theauthorcan be seenintheindividualvotes of The positionof 1 . while 62% of the Spanish population of working work considered exclusively for women or more age are engaged in some kind of paid work (as appropriate for women, compared with those for an employee or self-employed, and permanent or men2 (e.g. 90% of work in the family home is carried casual), that percentage is lower for Roma people, out by women; 80% in health; 67% in education and particularly low for Roma women (Second EU — interestingly, the higher the education level, the Minorities and Discrimination Survey: Roma women lower the presence of women: 97% at preschool; in nine EU Member States, FRA 2019). 80% at primary; 61% at secondary; and 45% at university level). In 2010, the World Bank studied certain European countries and found that the low employment rate The European Parliament3 has highlighted that the among Roma people affected women above all definition of the gender pay gap is affected by women (Roma Inclusion: An Economic Opportunity three kinds of factors that limit its interpretation: for Bulgaria, Czech Republic, Romania and Serbia, individual characteristics (such as level of 2010). qualification — if women with few qualifications do not join the workforce, the gender pay gap Returning to the results of the FRA survey, in Spain, narrows, while if they do, for reasons of economic 35% of Roma woman of working age asked need, the gap broadens, because male employees responded that, in spite of their age, they were with more qualifications earn more), industrial not seeking work because they had to care for characteristics (such as the size of the company — children, elderly people or dependants in their employees in large companies tend to earn more family. In spite of that, there was a high degree than those in small companies) and institutional of agreement that having a job is a clear way characteristics (minimum wage — a higher minimum for a woman to gain independence. We must take wage reduces the gender pay gap, because many note of those perceptions that deeper entrench women work in poorly paid jobs). stereotypes and the traditional allocation of roles for women because the disadvantages and In terms of the Roma population, in addition to this consequences should be included in the realm of general reality, more women than men state that protection from gender discrimination. they feel discriminated against for being Roma in employment and in the use of public services The segregation of duties of women (carers) and men (transport, retail, etc.). 4 (breadwinners) is at the core of gender discrimination, leading to women having little economic power, The result is that Roma women run the risk of with a knock-on effect on their autonomy, freedom experiencing what is known as multidiscrimination5, and dignity. While women worldwide receive due to the culmination of two factors requiring 10% of income from employment, they carried out protection and the guarantee of equality: gender two thirds of unpaid work worldwide. Moreover, and ethnicity. Therefore, everything relevant to the lower the pay, the less the social security the issue of gender discrimination and equality contribution; and the less time they spend working, can be extrapolated to Roma women, but it must the smaller the contribution period. As a result, In depth: Analysis of discrimination in access to employment be considered on what kind of antidiscriminatory women’s work pensions will always be less than platform that gender analysis is carried out, men’s for the same length of working life. In spite of because the final outcome is the sum of the two their diversity, all reasons for the gender pay gap circumstances. adhere to the same philosophy: the feminisation of the family role and the spreading of this stereotype to women’s professional and working life, which 2 Global Wage Report 2016/17. ILO, Geneva 2017, page 86. 3 European Parliament resolution of 8 October 2015 on the appli- materialises in three ways: a) discrimination when cation of Directive 2006/54/EC of the European Parliament and of accessing employment (preference for men who the Council of 5 July 2006 on the implementation of the principle of will not be distracted by family responsibilities), equal opportunities and equal treatment of men and women in ma- with particularly opaque processes and difficulty tters of employment and occupation http://www.europarl.europa. eu/doceo/document/TA-8-20 1 5- 0351_ES.pdf in secure a job; b) discrimination in the workplace 4 See Second EU Minorities and Discrimination Survey, referenced. (direct discrimination, i.e. women being paid less 5 The ECHR has recognised the convergence of multiple discrimina- while doing the same or job or a job of the same tory factors in its judgment of 24 July 2012, in BS v. Spain; 1 July 2014, SAS v. France; and 25 July 2017, Carvalho Pinto de Sousa value, or indirect discrimination); and c) categorising v. Portugal

51 Discrimination and the Roma Community 2020 BUSINESSES of girls and boys at risk of exclusion and boys girls at risk of toldme of that worked onthesocial and labourintegration Ten years ago, an association thepresident of diversity true insociety.and visibilityof more socialprestige, thusdelaying thenormalisation job market that offer better working conditions and the groups certain from of the parts members of of as thisareperpetuatingtheexclusion Attitudes such for warehouses thekitchens, andcleaningjobs. why is they restaurant, the which left are of floor atthecashdeskorcounter,to serve oronthe do not have the right social skills or qualifications prejudice. Instead, I’ll say that “diverse” people customers are racist or fullof that I thinkmost of ask me, asanemployer I’mnotgoingtoadmit theyjobs withnocontactthepublic.Butif in “diverse” employeesthe majorityof inSpainwork they won’t tomy comeback business.That iswhy strongcustomers have racial prejudice that such my when hiringbecause I assumethatmostof customers. Therefore,or puttingoff discriminate I’ll hire “diverse” employees causing upset for fearof The thoughtprocess issimpleyet Iwon’t perverse: thejob. of The key orthevisibility elementiscustomerservice explained away by merequalifications. the same images are repeated and cannot be that find often we but market, job the of sectors different a fundamental inthesegregation of is qualifications of level that forget cannot We origins, orinrelationtodisabilityage. the reflect oursocietyoritsnational or ethnic diversity of not do etc., hospitals, supermarkets, in “public-facing”roles inshops, bars, restaurants, employees sector: services the in rises it prolific, theindustry,of thiskindisless discriminationof the poorest paid sectors and some of construction the position. While in agriculture,required of publicvisibilityorinteraction withthepublic of origin atworkisdirectlyproportional tothelevel In Spain, discrimination due to racial or ethnic dowestart? Employment where discrimination: Expert lawyerinemployment lawanddiscrimination 52 ty signed a protocol with 78 companies to implement the “blind” CV. The use of the “blind”CV The useof able tohave theirevent underthoseconditions. unfortunately, he and his colleagues would not be workplaces thatrespecteddiversity,told himthat, obviously was committedtocreating inclusive theassociation,who restaurant”. Thepresidentof day Idon’t want any orbrowns blacks inthe Attheend,hesaid:“Butthat place somuch. social strata) because he had lovedcertain the from a aprofessional association(peopleof book a meal the following week for 30 people theassociation, whowasof thereat thetime, to restaurant withsomefriendsasked thepresident reason, acustomer who was having dinner inthe and spectacular food. Preciselyforservice that excellent, withawelcoming atmosphere, great in the restaurant previously. The restaurant was a guy from Navarra, because already worked employee not at risk from exclusion was the chef, previously received training courses. Theonly and employed andboys allthegirls thathad a restaurant thathadcloseddown inMadrid, The association had taken overmechanisms. an anecdote that perfectlyillustrates these 1 because aCVismarkedly better. people’s racist prejudice does notdisappear Ornot. skills. Perhaps the force some and irrational nature of and qualifications experience, on acandidate’sshould bebased solely prejudice, because a professional’s assessment may expectations arrive full of and positive candidate has been concealed, the interviewer age, disability, sex, the colour and ethnic origin of the process recruitment in which At the end of theCV,of phonecallandaninvitationtointerview). (selection screening first the passing from minorities immigrants or ethnic Prejudiceblocks recruitment. of the process should extend of part to other stages reduce discriminationinhiring. Infact,the“blind” surname, sex, age orphoto, couldbeusefulto In 2017, the Spanish Ministry of Health, Social Services and Equali- 1 wt n frt ae or name first no with , Arantxa Zaguirre The measures described cannot alone eradicate Before starting a hearing or court conciliation, any threat of discrimination in access to judges may say: employment; they must be in conjunction with many more, such as active employment policies, - “But Counsel, what do you want? Specify the positive actions to facilitate the inclusion of grounds of the claim”: The claim sought the groups at risk of exclusion and training and termination of the employment contract by awareness for employers and recruiters on equal the employee due to the company’s severe opportunities and discrimination. breaches and racial harassment, and additional compensation for the violation of fundamental rights. It was all set out clearly in the submissions.

RECRUITERS - “Let’s see Counsel: have you filed this brief on the off chance, or do you know what you’re Recruitment agents can play a decisive role doing? That lack of respect forces me to in either perpetuating inequality and or explain to the judge why yes I did know what guaranteeing fairness. On occasions, they are the I was doing. There was also no uncertainty in first link in the chain I described above: I will not a claim for a violation of fundamental rights put forward this candidate because I assume that due to discrimination against a Roma employee the company will not want to hire them, because in access to employment, with additional the company assumes that its customers will be compensation for violation of fundamental uncomfortable about them. rights. It was all written down. In this case, the judge’s changed attitude after we waived any compensation if the company (a privately VICTIMS managed public hospital) gave the Roma worker (who was not hired because a manager Very often, victims do not question discriminatory asked if she was Roma) the offer of a three- practices (due to sheer exhaustion, habit or lack month temporary contract for which she had of self-esteem), but often they do not even realise been initially selected. that they can report them. If the victim is unaware of regulations or sanctions for discriminatory Following any initial uncertainty or lack of conduct in employment, they cannot report them. confidence, this judge took the issues extremely seriously, and in the first case issued a judgment Victims must fight against these practices with containing sentences such as: “Xenophobic all means at their disposal. However, the means expressions, sexist and racist jokes and pranks that available to them are currently deficient. the claimant finds offensive become harassment Independent specialist public bodies are needed because of the sex and foreign nationality of the to fight discrimination, where reporting can take claimant. In the best case scenario, this is a case place and victims can be supported. The NGOs of negligence on the part of their manager, but and associations do what they can, but they with the effect of having repeatedly and insidiously In depth: Analysis of discrimination in access to employment cannot fulfil the needs, analyse the information, and accompany, report, inform and educate to harmed their dignity, creating an intimidating, the level needed. degrading or offensive environment.” The second case was settled in court though the hospital agreeing to hire the Roma working (one JUDGES year later she continued to work there), and the manager who blocker her hiring was dismissed. As a last resort, when mediation with the company The judge told the parties something particularly has failed or they deny the existence of any poignant: “In these cases, the company and the discriminatory practice, the courts offer a final employee should be on the same side. It was very recourse. serious what happened here and the company should be the first to want to investigate and clean When pursuing employment discrimination claims, up these discriminatory behaviours”. I encounter something not seen often in court: judges’ uncertainty.

53 Discrimination and the Roma Community 2020 prejudices from many citizenswho, faced with unfounded racist confirms politicians fromcertain Discourse thatisheavywithfalseinformation discrimination. employment of all thoseinvolved inthechain urgently needappropriate training across resources, recruiters,lawyers and judges) the influence that their work(employers,performance of human prejudices those have and and the positive actions, thosewhodiscriminate discriminationneed active employmentof policies they are banned by law. Therefore, whilevictims thosepractices evensocial standing of where about their origin,colour, religion,etc.,and in the but in others’preconceived ideas and prejudice in disability, sex, colour, nationalityorethnicity, discriminatory practices doesnotlie The courseof outside? always be exclusion, notgetting there, being left theoutcomewill Why if aneffort make such heroic individualattempt to break them down. upholding them dampens anythe superstructure the job market. The robustness of of paid parts invisible barriers between them and the best against groups, whosufferinsurmountable youngthe training of peoplefrom discriminated to evenhave begin and discourages thechance perpetuates poverty, careers that do not curtails Discrimination inaccess to the jobmarket by law. discriminatorybehaviourthatisforbidden report andprovide intervene victims with themeansto companies fail to do so,If the State will have to and punishthosewhodiscriminateinthecompany. do not penalise diversity but, instead, investigate efforts to encourage working environments that therefore, society. make Companiesmust better stereotypes and enable a fairer job market and, Truly inclusive workplaceswant tocombat CONCLUSIONS the bestway toinformlawyers. file claims when mediation processes fail. It is also way tomake judges aware inthesemattersisto show reticence or uncertainty. certain The best a racist elementat their core, and logically they Judges in casescontaining arenotusedtoruling 54 white, young anddisability-free. continue totryconvinceusthatwe areall are needed, or elseworkplaces in Spain will minorities, ambitious anti-discriminationpolicies growing populistdiscourse that excludes In thecurrentcontext economiccrisisand of goodandservices. certain competitorswithfewerof rightswhenaccessing as immigrants or ethnicminorities, withtherole the groups most affected by therecession,such their own vulnerability, have decided to encumber The fight against discrimination at work. The role of trade unions Rubén Herranz González

Doctor of Law

Social Policy Deputy at trade union CCOO

We can define discrimination as any unlawful Their specific transposition into employment laws difference in treatment (i.e. contrary to the law) did not really happen until after the Second due to conditions or circumstances such as birth, World War, internationally through the ILO and race, sex, religion, opinion or any other reason nationally, in the 1060s, with huge efforts as stated in law. In terms of employment, Convention part of the civil rights movement and combating 111 of the International Labour Organization segregation. Although the United States did defines it as “any distinction, exclusion or not sign the ILO convention, it enacted the first preference made on the basis of race, colour, anti-discrimination laws to avoid individual and sex, religion, political opinion, national extraction collective exclusion in the workplace for reasons or social origin, which has the effect of nullifying of race, sex, nationality and religion. or impairing equality of opportunity or treatment in employment or occupation”. After that, nearly all States and transnational or multilateral organisations began to recognise It is no coincidence that we quote an international the need to combat all kind of discrimination – organisation when talking about discrimination. particularly in employment – in various legal The origin of legal measures to combat instruments. Clearly, this came in varying degrees discrimination can be found internationally, as of intensity and with various outcomes. part of the issues relating to the international safeguarding of human rights. After the First In Spain, we must cite article 14 of the Constitution, World War, around 100 years ago, population which prohibits discrimination due to race or movements, the dissolution of empires and ethnic origin in the strongest terms. In the area of the birth or reconfiguration of States caused employment, we highlight the antidiscrimination international concern for the situation of certain directives approved in 2000 (including 200/43/ religious or ethnic minorities in Europe. The League EC, specifically on racial or ethnic origin); in spite of of Nations, which was founded after that global this having a transposition in our country that could conflict, tried to create mechanisms to protect have been better, it was still a major step forward minorities from suffering from discrimination in combating discrimination at work. In depth: Analysis of discrimination in access to employment in the new national configurations, since some had ended up in countries that previously had However, there is a shockingly low number of rulings been considered enemies, particularly after the in Spain on racial or ethnic discrimination at work, breaking up of the Austro-Hungarian Empire. which unfortunately does not signal a low rate of discrimination (as proven in these reports year Treaties were signed in which States promised after year) but proves the paucity of a regulatory to apply a series of measures to protect these framework to prevent, uncover and remedy such minorities, forcing them not to discriminate and to situations. grant specific rights to preserve identity and ethnic, religious and linguistic integrity. States recognised This is where trade unions can and must play a that those covenants would become international key role; their presence in the workplace must obligations, although at the time it would be geared towards fostering equal treatment, technically be questionable to talk strictly about the above all through oversight of workplace international safeguarding of human rights. practices and through collective bargaining,

55 Discrimination and the Roma Community 2020 eradicate any discrimination,including of form through theirbylaws anactive role insociety to employee. For instance, they imposeonthemselves anyaffecting the life of potential and actual conditions and all improvement inallaspects vitally tothecase athand,callfor betterliving leading principlesaretodefend all workers and, traditionally beencalled“working class”,whose as trade unions,organisations have such in theirgoverning principles. However, other trade unions includecombating discrimination represent their colleagues. Inaddition, not all them, including those who is entirelyfree of throughout society, and no person or organisation all, racist prejudice spreads the case. Firstof However, thisisnoteasy and is notalways andaccompanied. supported conductareadvised, such ensure thatvictimsof employeeviolations of rights to not occur, but Trade not only ensure that such unions must Roma. any discrimination against an individual for being freedoms, wouldincluding alsoberenderednull, the employee’s fundamental rightsandpublic in theConstitutionorby law, orthat violate by discrimination prohibitedany thegrounds of of justified dismissals or terminations Any null. treatment andnon-discriminationarerendered equal demand compliance withtheprincipleof company oranadministrative actionto orcourt workers inreactiontoaclaimmade in the decisions that cause the unfair treatment of Likewise, any orders to discriminate or employer is renderednullandvoid. various reasons, includingracial orethnicorigin, negativeindirect situations of discrimination for anemployeror decisionof thatcauses direct or 4.2). Any(article provision, covenant, agreement from harassment due to racial or ethnic origin theirdignity,consideration of includingprotection theirprivacy and due the righttorespect of to their racial or ethnic origin and, likewise have employment and once they are employed, due directly orindirectly, bothwhenaccessing have the right not to be discriminated against workers all Statute,Workers Spanish the Under bargaining. andcollective dialogue social through influence fostering initsareas of anti-discriminationrules 56 of trade unions intheworkplacemakesof thema this asataskwe allneedtoshare;thepresence effort totrain workers representatives tocombat fulfil their duties of vigilance, we need to make an For that reasons, inorder for trade unions to best treatment that actually has discriminatory effects. thisapparently neutral instance, theimpactof of complex studiestodemonstrate theexistence, for knowledge iswhat they need,andat times expertise inthisarea, whereasexpertlack and,evidently,provide theirservices they often are employees inthecompany wherethey tradeThe vast unionrepresentatives majorityof Secretariado Gitanodedicatedits2018report. Fundación which to and rarely such, as identified is there is interseccional discrimination, which to discriminatebased on anti-Gypsyism.Finally, addition, there may be harassment or instructions in the exclusion an individual or group. of In results job or completely unrelated to it, which requirement thatiswhollyunnecessary for the An example would beajobofferwith of 22December). 253/2004, of judgments Other April. 29 January,interest include13/2001, of and 16 of 69/2007, Judgment it”(Supreme Court suitable toreach need to meeta legitimate objective, ornot being not beingbased on an objective and necessary by justification lack impact adverse the causing censurable conduct or practice where theaction impact on thepersonaffected by theconstitutional non-discriminatory that provides [...] an adverse indirect discriminationis“seeminglyneutral or explains,easy at all.AsourConstitutionalCourt are not appropriate and necessary, itisnot thatpurpose and where themeanstoachieve alegitimatepurpose,where notinpursuitof disadvantageparticular to someone over other, isapparently neutral butcausesa that which (also calledconcealed discrimination), i.e. indirectdiscrimination people. Butinthecaseof thatdirectlyexcludesi.e. anactorrule Roma relatively simplytoidentifydirectdiscrimination, it isnotaneasy task.Itmaydiscrimination, be Even whenyour vocationeradicating is Trade UnionConfederation). but in societygeneral the CCOO (Bylaws of racism and xenophobia, notjustintheworkplace fight to commit and origin, ethnic on based those privileged witness. All citizens would Benefit from as advocated in article 9.2 of the Constitution that effort, and therefore it should be exercised (Supreme Court Judgment 128/1987, of 16 in close collaboration with all organisations July; 216/1991, of 14 November; 28/1992, of involved, particularly public authorities. 9 March or STC 16/1995, of 24 January, and more). Also, the role of trade unions can be proactive, basically through proposals in the course of The involvement of the main trade unions collective bargaining, which the Constitutions (essentially, those with at least 10% of trade union safeguards for workers representatives and vote share), as representatives of the workers, is employers in order to agree on the rules that will not only recommendable, but also required by govern their mutual relationships, and specific law (article 17.3 of the Workers Statute). Once issues such as working conditions or remuneration, again, I refer back to the journey undertaken for to be recorded in a “collective bargaining gender equality, where these kinds of measures agreement”. For that reason, it is vital that trade are producing very positive results. unions act in collective bargaining processes to promote measures to stop discrimination or Therefore, trade unios are key stakeholders in the improve or even eradicate situations that could fight against racial and ethnic discrimination, and indirectly cause or foster discrimination in the therefore against anti-Gypsyism, both by law workplace. Gender equality effort have already and according to the major trade unions’ anti- paved the way in this respect: all studies have racist vocations. shown the unquestionable value of collective bargaining agreements to reduce gender To fully achieve our goal, which is an enormous inequalities. There is still so much ground to cover challenge for trade unions (since, as we have seen, with respect to other forms of discrimination, but it is often far more complex than it may appear), it is worth looking back to previous efforts. trade unions structures need to be well resourced and well trained (a well-educated person is less We believe that it is important to mention the likely to be weighed down by prejudice). They possibility of “positive actions” or “reasonable need to be able to detect conducts and know adjustments”, i.e. measures to prevent or offset what to do about them, and also have a trade the disadvantages experiences by people with union structure with resources to respond to all a specific racial or ethnic origin, provided for sides of the problem (legal, psychological, etc.). both in European and domestic law. The Workers Statute establishes that Government may grant We could not end without remarking on the subsidies, relief and other measures to encourage opportunity that organisations such as Fundación the employment of specific groups of workers Secretariado Gitano offer by collaborating that may struggle to secure jobs (article 17.3). with parties involved in collective bargaining, trade unions and businesses, helping to better There is no doubt that this is one of the understand the discrimination suffered by Roma consequences of living in a social and democratic people. That is a vital step to make us all aware In depth: Analysis of discrimination in access to employment state governed by the rule of law, because we of the discrimination Dynamic and, essentially, cannot pass off equality in just the formal sense to undertake the long journey to equality in the of article 14 of the Constitution (prohibition of workplace. discrimination); we must interpret it in relation to article 9.2 (material equality), and therefore reject the clocking of measure to achieve real equality. Our Constitutional Court believes that the adoption of positive action, sometimes mislabelled “positive discrimination” are necessary under our Constitution, and are in in way discriminatory but rather fundamental to achieve and social and democratic State with the rule of law. They could even be considered necessary, as an essential instrument to achieve equal conditions,

57 Discrimination and the Roma Community 2020 58 Chapter 5

Best practices and case law

59 Discrimination and the Roma Community 2020 that as such Roma. against anti-Gypsyism, fight attacks and past racist current investigating to actions exclusion; economic and concrete to develop strategies targeted and social Gypsyism, anti- of themanifestations addition to one of in theirstrategies, of theheart Gypsyism at anti- against fight the it asksthatthey place recommendationsfor MemberStates, of In terms in Europe have faced. discrimination and oppression that Roma people step major towards restorative a justicefor thehistoryof be would process This funds; EU measuresandinitiatives,structural by supported trust- building, and to highlight concrete cultural and of sake the for Framework EU Strategic and reconciliation recognition It alsocallsontheCommissiontoincludea goal. a specificanti-discrimination adding by including Framework, EU Strategic the of the heart anti-Gypsyism at against more importantly,fight the itasksfor ittoplace substantial public funds to thisend.However, Romathe diversity and of communities, allocating reflecting and challenges specific the addressing timelines and indicators for monitoring and priority areas, clear and binding targets,set of people for the post-2020 period with a wider Roma for strategies inclusion national on EU the to proposeCommission astrategic framework for the Commission and Member States. Itasks the resolutionisintendedforThis important both anti-Gypsyism against fight the up Romastepping and Strategies National Inclusion for Framework EU Strategic post-2020 2019 on theneedfor astrengthened 12 February European Parliament of resolution interesttostakeholdersadministrations inthisarea. thatareof and governments difference of initiative or resolutions and anti-Gypsyism, against fight the in progress equal treatment and non-discrimination, both in Spain and Europe.improving the defence of Thisincludes In thissectionwerecognise somebestpractices, will publications and legislative developments in2019 in 1. Bestpractices multiple and intersectional discrimination, multiple and intersectional discrimination, Italsocallsonthemto ensure

process in the truth, 60 document/TA-8-2019-0075_ES.html https://www.europarl.europa.eu/doceo/ The Resolution can bereadhere: Fundación SecretariadoGitano’s work. hasmade contributions to Social Fund,which the past 20years, theEuropean withthehelpof This issomethingthat Spain has been doing for to Roma Funds inatransparent andaccountable manner. Structural EU of improvechances conditions andlife theliving available the utilise strategies. in their addressed properly approach are and a child-sensitive gender mainstreaming Another ask is that Member States New book on anti-Gypsyism: Dimensions of The Spanish Ministry of the Interior’s new Antigypsyism in Europe Action Plan to combat hate crime includes anti- Gypsyism What is anti-Gypsyism and what are the different dimensions of this specific kind of racism in The Action Plan to combat hate crime was passed Europe? How does it affect Roma society and in January 2019, and represents an important European society more broadly in various aspects step towards more effectively fighting hate crime of life? in Spain. This plan offers a new focus and energy in the activities and response of the national The book “Dimensions of Antigypsyism in security forces to hate crime and incidents. It is Europe”, published in 2019 by the European based around four key pillars: training the national Network against Racism (ENAR) and the Central security forces, prevention, attention for victims and Council of German Sinti and Roma People, and response to this type of crime. It has also rolled out coordinated by Ismael Cortés and Markus End, specific digital procedures and tools to counteract combines academic and activist writing based hate crime and hate speech on social media. on practical experiences, to shine a light on the multidimensional and complex phenomenon of Fundación Secretariado Gitano was involved in anti-Gypsyism. It shows how radicalised discourse drawing up the plan, asking for anti-Gypsyism to be feeds into racist views, policies, practices and included as a category of analysis, as demanded behaviour. It offers a number of case studies on by a number of international organisations such structural discrimination against Roma people in as the ECRI and the FRA. This demand was well Europe, with an added gender perspective. received by the Ministry of the Interior, as seen in section 4.2: “To publish annually the report on Many Roma and other anti-racism organisations “hate crime”, and to strive to publicise this as much have spent decades fighting anti-Gypsyism. as possible. A broader range of areas will be Their struggle to give Roma people the rights studies, including anti-Gypsyism as a specific area they deserve offers critical expertise on how of racism, as the European Union Fundamental anti-Gypsyism affects access to fundamental Rights Agency has been doing.” This new rights, and how to counteract exclusive and development is a hugely significant step in giving discriminatory discourse and political projects. The greater visibility to the reality of anti-Gypsyism various strategies to tackle anti-Gypsyism that in our country, to better tackle such cases and to the book explores have accurate statistics on hate crime motivated by Best practices and case law Best practices provide tools to hostility against Roma people. combat discrimination against Roma people in Europe. .http://www.interior.gob.es/docu- ments/642012/3479677/Informe+so- bre+la+evoluci%C3%B3n+de+delitos+- de+odio+en+Espa%C3%B1a%2C%20 a%C3%B1o+2019/344089ef-15e6-4a7b- 8925-f2b64c117a0a

The book can be downloaded for free at: https://www.enar-eu.org/Book-Dimensions-of- Antigypsyism-in-Europe

61 Discrimination and the Roma Community 2020 These incidents most frequentlytookplace in group below 45. theage of discriminatory incidentsaffected the population incidents were that in the individual cases, 725 of themoststrikingfeatures in these Some of those, 255women were identifiedand160men. individual casesand210 were group cases. Of racial or ethnic discrimination, 378 which of were 588 cases of nationwide, a total of serving racial orethnicdiscrimination to victimsof regions hasenable assistance to beprovided inthevarious autonomous the assistance service and Thepresence of Melilla). the autonomouscityof regions all autonomous in (present offices 87 of network a throughorganisationsseven the together with Gitano coordinated the Service contract enddate),Fundación Secretariado Between 1January and 12 October 2019 (the 2. To develop informationandawareness activities 1. To assistancetopromote provide technical Its objectives are: Racial Diversity, theInterior. theMinistryof of Equalityand Ethnic- the Directorate General of to reports Discrimination (the “Council”), which Racialthe Counselfor theEliminationof orEthnic was establishedinthecontext theactivitiesof of Racial of or Ethnic Discrimination (the “Service”) for Victims The Assistance and Guidance Service in2019. Discrimination Guidance Service for Victims Racialof or Ethnic the Assistance and Activities and outcomes of private autonomousregion. agents ineach Service, through collaboration withpublicand awarenessinformation, the and impactof activities on including the development of racial or ethnic discrimination, victims of for key professional agents andpotential discriminationortheirrelatives. victims of assistance may beindividualorgroup for That discrimination. assistance tovictimsof racial orethnicorigin,and online ortelephone discrimination based on aware situationsof of for peoplewhosuffer, have sufferedorare including directassistance discrimination, equal treatment and eradicate racial or ethnic 62 gob.es/home.do https://igualdadynodiscriminacion.igualdad. https://asistenciavictimasdiscriminacion.org/ More information: discrimination, aswell as500posters. and 15,000 pamphlets for potential victimsof Service Assistance the of offices official 20 the 15,000 pamphlets containing about information distributedsome ethnic discrimination,theservice aboutinformation how toreact to racial or awareness activities inorder to provide further 201 informativedevelopment and of During this period,and together with the Roma people. all recorded cases, the victims wereIn 49% of discrimination. direct incidentswere situationsof Some 81% of housing, mediaandonline. employment,access to goods and services, Publications from Oberaxe in 2019 enter into a contractual relationship for housing purposes was below 30%. The percentage In 2019, OBERAXE published the Report of the of respondents with attitudes more conducive Survey on Evolution of racism, xenophobia to entering an employment, study or friendly and other forms of intolerance in Spain relationship was 50-60%.

The report analyses the results of the survey The figures show that anti-Gypsyism is still a Attitudes towards Immigration X carried out by reality, because the Roma community are still the Centro de Investigaciones Sociológicas (CIS) rejected or mistrusted at a fairly large scale, in 2017. The report shows that the positive trend without much improvement between 2016 and in tolerance of Spaniards towards immigration 2017. has continued, although there has been some regression in certain variables compared with More information is available at: 2016. However, it is true that 2016 was an exceptional year that produced the best results http://www.inclusion.gob.es/oberaxe/es/ since reporting began in 2007. In 2017, 54% publicaciones/documentos/documento_0121. of respondents expressed a positive view of htm immigration, which is the third best result since 2007 (58.7%) and 2016 (54.3%). Attitudes of the respondents are also sensitive to circumstances such as the economy, unprecedented events and media or political discourse. That is precisely why monitoring of attitudes toward immigration must continue, as must prevention, education and awareness activities to combat racism, xenophobia and other forms of intolerance.

In terms of relations with Roma people, the respondents showed the same behaviour around the acceptance or rejection of neighbourhood harmony, sharing studies or work and personal relationships with Best practices and case law Best practices immigrants. However, for Roma people, the acceptance levels are significantly lower than the immigrant population in all areas examined. This shows that Spaniards distinguish between immigrants and Roma people, and seem to me more predisposed to associate with the former than with the latter. The evolution from 2016 to 2017 in the acceptance to live alongside Roma people seems to be following the same trend as with immigrants. In 2017, the percentage of people accepting living alongside Roma people was steady or slightly decreasing compared with 2016 in all areas, except for living in the same neighbourhood as Roma people and renting a flat to Roma people, both of which rose slightly (34.9% in 2016, 36.3% in 2017, living in the same neighbourhood) and 27.7% in 2016 and 29.5% in 2017, renting a flat to a Roma person). Living in the same building or neighbourhood is currently at around 35-36%. The percentage of respondents prepared to

63 Discrimination and the Roma Community 2020 responsive, having removed 82%, 85% and 70% Facebook, YouTube and Instagram are highlight content considered illegal should be deleted. be illegal. To only speech, protect freedomof since figure, satisfactory by thecontent reported some of usersmay not a considered is This removing 72% of unlawful hate speech reported. (Facebook, Twitter, YouTube, Instagram) are On average, and social media providers internet be areality. speech. conclude that,sadly,anti-Gypsyism continueto hate anti-Gypsy Since they we extreme can concern hatespeech, illegal are (527) people. of Roma Some cases cases rejection 12.2% in reported of Europe of kind specific it fundamental to shine a spotlight on this FSG to include this category, since we consider byitemised, thanks to a successful initiative anti-Gypsyism were For the first time, cases of Italy (632). cases (491), only behind of second highest reporter the is Spain removed. were cases of 59.7% only Spain, However,in overallindex. by FSG removed,were which is a good impact FSG (109). by Oberaxe (284 cases), FELGTB (98 cases) and December 2018. InSpain,cases were reported 6weeksover inNovember aperiodof and inthemonitoringexerciseStates took part 39 organisations fromA totalof 26 Member theCommissionersaid. the challenge”, Commission proves tobeaneffective tooltoface between theITcompaniesandEuropean conductsigned strengthened,theCodeof further andtoxic narratives onlineneedstobecontinuedand speech hate against fight the “While speech. hate illegal of elimination rapid the in on and progress continued online the speech social mediaconfirms hate fight to conduct of flagger. trusted Code the evaluation The of fourth asaspecialistorganisation FSG tookpart and in which online hate speech, monitoring round of Vera the 4th Jourová theresultsof reported 2019,theDGJusticeCommissioner On 4February speech. hate online on 4th monitoringround the of The EuropeanCommissionpublishestheresults Some 69% of the cases reported thecases reported Some 69%of

64 of_conduct_factsheet_3.pdf https://www.gitanos.org/upload/76/13/code_ More information: ofthis dimension the problem, anditsEuropean dimension. of sample significant a employees. we Thankstothisreport now have and for the damage itcauses to the dignity of stereotypesand prejudices, on thepersistenceof reliable data, due to theseriouseffects it has anti-Gypsyismhatredwith to therealityof Wetheir reports. consider it key togive visibility and include thecategory of- anti-Gypsyism in allowed inthesemonitoringexercisesus toparticipate has which EU, the of xenophobia and Justice andtheHighLevel Group against racism At FSGwe value thecollaboration withDG employees against (527cases). directed are messages hate these nowknowhowmanyof we that development new important the with the trend showed in previous rounds, confirm figures The (12.2%). hatred Gypsyism (15.6%), anti-Muslim hatred (13%) and anti– followed theLGBT content attacking community (17%) speech hate reported commonly most the Xenophobia (including anti-immigrant hatred) is removal, cases. atbetween 90and100%of and Slovenia have managed ahigherrate of 2017. in round Bulgaria, Cyprus, Greece, Romania, Lithuania previous the in than less even removed, content of 42% only with response, lowest the with platform the be to continues cases respectively.of Twitter, on the other hand, although

Catalonia pushes through a pioneering law to Roma Week 2019 held an important event on combat anti-Gypsyism remedial justice for the Roma community.

The Government has approved the preliminary The flagship event was the conference “Creating report of the Bill to eradicate anti-Gypsyism. Trust through Uncovering and Recognising the Roma civil society has been calling for such a Truth: Advancing Recognition and Remedy for legislative initiative for years, and has recently Anti-Gypsyism”, organised by Soraya Post, the been joined by the Catalonia Parliament, which Central Council of German Sinti and Roma, wants to combat discrimination suffered by Roma Fundación Secretariado Gitano (FSG), the UN people. Office for Human Rights in Europe, Open Society European Policy Institute and ERGO Network. The legislation will be a precursor to specific The conference focused on discussing the current public policy for this kind of discrimination, and situation and efforts underway to combat anti- will update and harmonise existing regulatory Gypsyism through truth, recognition, remedy, frameworks, contributing to better coordinated trust and reconciliation processes. It also gave work among public administrations and Roma survivors of anti-Gypsyism the chance to tell their social organisations. stories, and emphasises the urgency of fighting back. The Catalonia Government will become the first administration to create a comprehensive law to Members of the European Parliament from specifically respond to the issue of anti-Gypsyism, different political groups signed a commitment in conjunction with representative from the Roma to continue working to achieve non-racist community. elections in the EU, a post-2020 EU framework for Roma people and a continued fight against The new legislation will recognise anti- anti-Gypsyism in the new legislative period. Gypsyism in law as a scourge to be eradicated MEPs committed to creating a European society and a phenomenon to consider in the application in which Roma people can enjoy their rights as of public housing, education, work, health, leisure set out in our treaties, reach their true potential, and communication policies. preventing the dehumanisation of Roma people, The Bill includes measures such as the creation and creating a fair European society free of of a comprehensive support service and the racism and anti-Gypsyism. regulation of a specific penalty framework. and case law Best practices

Further information: https://participa.gencat.cat/uploads/ decidim/attachment/file/1596/ORIGI- NAL_ACORD_8-10-19_PEL_QUAL_S_ APROVA_LA_MEM%C3%92RIA_PRELIMINAR_ DE_L_AVANTPROJECTE.pdf

65 Discrimination and the Roma Community 2020 support police work. This should include a defined defined a include should This work. police support trialling andapplyingany algorithmtooldesignto about rules establish a clearset of governments must policeworkisstill at experimentalsupport stage, algorithmsto machine-learning While theuseof through humanrightseducationprogrammes. more inclusive and tolerant societies, including rights institutions and civil society to help build of nationalhuman live withschools, and partner contribution positive theyminority groups inwhich to the communities the reflect correctly profiling. ethnic practices, including discriminatory of “normalisation” migrants, andmay contribute tothe and hatred racism as well as and asylum-seekers,refugees asthis can fuel groups, minority to should avoid persons belonging stereotyping part, its on media, The activity. criminal with ethnicity, status origin or immigration national by prejudice linking and perpetuate spread the with not to media, the police should be careful communication their in Moreover, gain andrespect. theirtrust engageThe policemust to withtheircommunities involve atthegrass-roots localcommunities level. should profiling discriminatory address to Efforts and thereby boost public confidence in the police. profiling bias-based of perceptions dispel help a person, even withoutbeing asked, as this can should be advised to explain the reasons for stopping officials enforcement law Furthermore, order tobeableapplyitintheirdailyactivities. and police should undergo continuous training in standard should be applied in stop and search, and concrete information.Areasonable suspicion methods shouldrelatetoindividualbehaviour the prohibit circumscribe and police’s discretionarypowers. Effective policing and define profiling clearly discriminatory that laws pass The Commissionerencourages Statesto confidence. and damaging to socialcohesionandpublic ethnic profiling, on the basis that it is discriminatory comment urgingstatestostopthepractice of Commissioner Dunja Mijatovic published a Europe’sIn 2019, theCouncilof Human Rights ethnic on profiling by thepolice Rights Human for Commissioner Europe›s Comment by theCouncil of Instead, itshould 66 ethnic-profiling-a-persisting-practice-in-europe https://www.coe.int/en/web/commissioner/-/ The documentcanbereadhere: or usedfor processing. personal dataandhow itcanbecollected,stored notablytoreceiveinformed, informationabout aperson’sto ensuretheprotection of rightto be facts. Legislationshouldincludeclearsafeguards other elementsrevealing seriousorconcordant against anindividual,butbecorroborated by only basedonstatisticsestablishedby amachine crimesshouldnotbe commission of prediction of and unreliable outcomes. the For police services, from questionable sources will lead to biased data thatreproduces existing biasesororiginates analgorithm with authorities isvital.Feeding of the process in developing algorithmsfor thelaw-enforcement data verified and solid Using life. operation andendof deployment, validation, and verification to design their lifecycle,at all stages of from planning and were taken toprevent humanrightsviolations authorities, abletodemonstrate thatmeasures apre-certification conformity,from of issuedby independentcompetent benefit should systems concerns. Machine-learning intelligence-related data protection legislation that addresses artificial and disclosureobligations, combinedwithrobust independent authority, andenhancedtransparency trial period, human rights impact assessments by an The European Commission against Racism and Intolerance (ECRI) concerned about hate and fear aroused by populist policies (annual report)

In 2019, the ECRI published its annual report on discrimination in Europe. One of its key concerns is that, in 2018, xenophobic populism and racist hate speech continued to leave their mark on the political climate in Europe.

Growing public concern for economic, geopolitical and technological changes were used to make migrants and minorities into scapegoats, particularly by populist politicians attempting to divide societies according to their ethnic or national religious lines. It was not just marginal politicians Open letter by Un experts on the rise in hate expressing these points of views; they are gaining messages. ground among mainstream political parties and Thirty independent experts of the UN have national governments. joined forces to publish an open letter urging “Ideologies based on assumed incompatibility Governments and social media companies to act between national/ethnic or religious groups to stop the spread of hate speech. present a danger to inclusive societies, as do those They wrote, “We are alarmed by the recent that advocate ‘racial superiority’,” the report increase in hateful messages and incitement says, warning against the threat of “us vs. them” to discrimination and hatred against migrants, approach in political and public discourse. minority groups...” The ECRI also warned of the growing spread The experts warned that generalising and of “fake news”, which often produces distorted describing whole groups of people as dangerous images of vulnerable groups, and has asked or inferior was nothing new in the history of

politicians and religious and community leaders not and case law Best practices humanity and has led to catastrophic tragedies only to avoid using hate speech but to proactively in the past. fight against it. “We urge States to promote and adopt policies In more positive news, the Anti-racism Commission of tolerance. States should actively work towards indicated that a growing number of countries have policies that guarantee the rights to equality and taken significant steps to adapt their legislation non-discrimination and freedom of expression, as on combating hate speech to European and well as the right to live a life free of violence international regulations. A growing number of through the promotion of tolerance, diversity and Member States have introduced special units pluralistic views. within the police force in charge of liaising with vulnerable groups, which often bolsters trust Traditional and social media companies should between members of minority groups and the exercise due diligence to ensure that they do police. The ECRI called for this best practice to not provide platforms for hate speech and for be circulated and for anti-hate legislation to be incitement to hatred and violence.” applied effectively. The experts said that they had been receiving The annual report can be read here: a growing number of reports on hate speech https://www.coe.int/en/web/european- and inciting discrimination, hostility and violence, commission-against-racism-and-intolerance/-/ which brought them to publish the letter. hate-speech-and-xenophobic-populism- remained-major-concerns-in-europe-in-2018 “Hate speech, both online and offline, has

67 Discrimination and the Roma Community 2020 those seenas“other”for theirown politicalgain. refrain migrants of from spreadingfearinsocietyof to officials government urges letter The and weaken countries.” thesocialfabricof ideas andadvocacy coarsen public discourse values, socialstabilityand peace. Hate-fuelled systems worldwide and threatens democratic world. Ithasbecomemainstreaminpolitical withdeadly consequences aroundattacks the exacerbated societal and racial tensions, inciting 68 docx&action=default&DefaultItemOpen=1 Mr.SaiedAshshowwaf_7May2019. Documents/Issues/Racism/IEE/Session6/ WopiFrame.aspx?sourcedoc=/ https://www.ohchr.org/_layouts/15/ The lettercanbereadhere: speech. promoting freedomof of legitimate dissentandhighlightedtheimportance to was as a term to undermine hate speech of They alsoexpressed abouttheabuse theirconcern 2. Case law This section contains judgments in 2019 from the European Court of Human Rights in cases of anti- Gypsyism.

Kovács v. Hungary

FACTS Such verbal aggression could not justify the kind of physical force the police used. The applicants were four Romani men who claimed that on the night of 3 September 2013, Instead, the European Court dismissed the police officers in Hungary violently assaulted complaint of discrimination as “manifestly ill- them while shouting racist abuse at them. They founded”, saying there was no evidence for it, claimed that they were arrested at a petrol instead of looking at the evidence of institutional station for no reason and very badly beaten anti-Gypsyism in Hungarian policing, as the during the arrest, during the ride to the station, defence argued. The Court relied on the fact that and at the station itself. They said the police the investigations carried out by the Hungarian racially abused them throughout the incident and authorities had addressed the issue and did not threatened to kill them. A medical report they find that there was any indication of discrimination. got after their release confirmed that they were injured. The Hungarian Government claimed that The Court awarded a total of €36,000 (€9,000 the applicants were arrested at the petrol station to each applicant) for violation of article 3 of the when the police recognised their car, based on a Convention. call about people involved in an altercation at a nightclub. The Government denied that police had subjected the applicants to ill-treatment or Lingurar vs. Romania racial abuse. FACTS Hungary’s Independent Police Complaints Board investigated and found that the applicants should This case concerned a raid in 2011 by 85 police not have been handcuffed, and that they were officers and gendarmes in the Roma community detained for too long; but they did not find any

in Valcele (Romania). The family who made the and case law Best practices other violations. complaint stated that they had been mistreated by the police, that their complaints had been The applicants also filed criminal complaints poorly investigated and that the raid was against the police officers. Those complaints were motivated by racism. dismissed for lack of evidence. The decision to dismiss the complaints was upheld by the Attorney The Court found that Article 3 had been violated General’s Office. (the right to be free from inhuman and degrading treatment) of the Convention through the THE EUROPEAN COURT’S JUDGMENT mistreatment of the applicants during the raid, and two violations of Article 14 (prohibition On 29 January 2019, a three-judge committee on discriminating) of the Convention, together of the European Court of Human Rights delivered with Article 3 because the raid was racially a judgment finding that the applicants were motivated and the resulting investigation was subjected to degrading treatment by police, inefficient. In particular, it found that there was no a violation of Article 3 of the Convention. The justification for the disproportionate use of force European Court found that Hungary did not in the applicants’ house, leaving them with injuries furnish “any convincing or credible arguments that required hospital treatment. It also indicated which would provide a basis to explain or justify that the applicants were not armed and had the degree of force used during the operation”. never been accused of a violent crime, while the The Court also noted that the police officers were four gendarmes to had entered their home had not at all injured and had not alleged anything received extensive training in rapid intervention. other than verbal aggression by the applicants.

69 Discrimination and the Roma Community 2020 the Romanian aboutthefirsteviction. courts the applicants to bring a separate case before before theEuropean theERRCsupported Court, In themeantime,the casewas while pending eviction. afuture a threatof third eviction,asthereisstill continue the case in the European about the Court decision, the ERRC worked to with the community stopped, as the authorities withdrew the eviction eviction the eviction.Although the imminentriskof 39” interim measure(like aninjunction)tostop agreed to therequest,granting aso-called“Rule to stopthethirdeviction.TheEuropean Court Human Rights apply to the European of Court and workedeviction incourt, with thefamiliesto ERRC supported the families to challenge the first THE CASE 2016. March decided to evict thefamiliesfor failuretopay in having very low incomes. Theauthoritiesthen despite of euros, hundreds of debts significant unaffordable ran up and the families quickly rent and utilities, but the amounts were clearly topaysigned leases withthemunicipality uncomfortable modular containers. Thefamilies were and placed in small, evicted from theschool In July 2014, the applicants abandoned school. Gypsyism. Thewere families thenshelteredinan anti- of tropes common — “dogs” families called the and “infection” an homes their calling 2013. The mayor used awful language at the time, were their homes, demolished,inSeptember which in Eforie Sud,Romania. They were evictedfrom Center representedtenRomani familiesliving This was theEuropean Roma acaseinwhich Rights FACTS Memet andothersv. Romania €46,800tothefour applicants). a totalof Romania had to pay applicant each €11,700 (so and was discriminatory. profiling ethnic to equivalent was This general. perceived theRoma tobecriminalin community because the authoritieshad subject toattacks alsofoundThe Court that the applicants were 70 the authoritiestorehousethem. awarded family500 euros and ordered each They won thatcase, and the domesticcourts Chapter 6

Appendices Appendices

71 Discrimination and the Roma Community 2020 • Directive 2006/54/EC of theEuropean 5July2006onthe • Directive Parliament 2006/54/ECof theCouncilof andof • CouncilFramework 28November forms and 2008oncombatingcertain Decision2008/913/JHAof European Union d054f47a-70f3-4748-986b-264a93187521 http://www.interior.gob.es/documents/642012/3479677/plan+de+accion+delitos+de+odio/ theInterior.• Actionplantocombathatecrime. Ministryof 2019. • Practical protocol for SecurityForces whendealingwithHateCrimeandConductthatViolates 11January,• BasicAct4/2000,of foreign nationalsinSpainandtheir ontherightsandfreedomsof • Royal 4August,approving Legislative theconsolidatedActonSocialInfractions Decree5/2000 of December30,ontax,administrative• Act62/2003,of andsocialordermeasures. (ChapterIII: oneffective gender 22March, equality.• BasicAct3/2007,of 11July,• Act19/2007,of against violence, xenophobia, racism andintolerance insport. 30December,• BasicAct1/2015,of 23November, amendingBasic Act10/1995,of ontheCriminal crime. 27April,ontheStatutefor victimsof • Act4/2015,of Domestic discrimination Current legislationonequaltreatmentandnon- Appendix I: • Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment 29June2000implementingtheprincipleof • CouncilDirective 2000/43/ECof 27November• CouncilDirective 2000establishingageneral 2000/78/ECof framework for equal equal 13December 2004implementingtheprincipleof • CouncilDirective 2004/113/ECof between racial personsirrespective orethnicorigin. of treatment inemployment andoccupation. treatment between goodsandservices. menandwomen intheaccesstoandsupplyof employment andoccupation(recast). matters of men andwomen in andequaltreatmentof equalopportunities theprincipleof implementation of expressions racism andxenophobia of by criminallaw. meansof January 2015. theCivilGuard,no. 1,sectionpageStatutory DiscriminationRules. Official Bulletinof 51-108,7 social integration. and Sanctions. equality”). “Measures toapplytheprincipleof Code. 72 • European Union Charter of Fundamental Rights. OJEC, C 364/1, 18 December 2000.

• Directive 2012/29/EE of the European Parliament and of the Council, of 25 October 2012, establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.

International

• Instrument of Ratification of the Convention on the Rights of Persons with Disabilities, made in New York on 13 December 2006, ratified by Spain on 23 November 2007. (Official State Gazette no. 96, of 21 April 2008).

• Instrument of Ratification of the Framework Convention for the Protection of National Minorities (number 157 of the Council of Europe) made in Strasbourg on 1 February 1995. (Official State Gazette no. 20, of 23 January 1998).

• Resolution of 5 April 1999, Convention for the protection of human rights and fundamental freedoms, Official State Gazette A-1999-10148 (Council of Europe).

• Universal Declaration of Human Rights, adopted by the General Assembly in resolution 217 A (III) on 10 December 1948.

• International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.

• International Covenant on Civil and Political Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.

• Optional Protocol to the International Covenant on Civil and Political Rights, adopted and opened for Appendices signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.

• Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989.

• International Convention on the Elimination of All Forms of Racial Discrimination, adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 (CERD).

• Convention on the Elimination of All Forms of Discrimination against Women, Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 (CEDAW).

• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by General Assembly resolution 45/158 of 18 December 1990.

• Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by General Assembly resolution 47/135 of 18 December 1992.

• Equal Remuneration Convention, adopted on 29 June 1951 by the General Conference of the International Labour Organisation at its thirty-fourth session.

73 Discrimination and the Roma Community 2020 • Declaration on the human rights of individuals who are not nationals of the country in which they thecountryinwhich live, individualswho arenotnationalsof • Declaration onthehumanrightsof • World Conferenceagainst Racism, 2001(Declaration andProgramme Action). of • Convention against DiscriminationinEducation,adoptedon14December1960by theGeneral • Declaration on Race and Racial Prejudice, approved by the United Nations the General Conference of • Convention DiscriminationinRespect Employment concerning andOccupation,adoptedon25June of adopted by 13December 1985. General Assemblyresolution40/144of theUnitedNationsEducational,ScientificandCultural Organisation.Conference of Educational, ScientificandCultural Organisation on28November 1978. 1958 by LabourOrganisation theInternational session. initsforty-second theGeneral Conference of 74 Appendix II: European bodies and institutions that work in the field of equality, non-discrimination and the Roma community

• Amnesty International

https://www.amnesty.org/en/search/?q=Roma+people

• Council of Europe. Roma Unit.

https://www.coe.int/en/web/roma-and-travellers

• Equinet

http://www.equineteurope.org/

• ENAR

http://www.enar-eu.org/

• ECRI

https://www.coe.int/en/web/european-commission-against-racism-and-intolerance

• ERIO

http://www.erionet.eu/ Appendices

• EUROMA

http://www.euromanet.eu/

• EU DG Justice

http://ec.europa.eu/justice/discrimination/roma/index_en.htm

• European Roma and Travellers Forum

http://www.ertf.org/

• European Roma Policy Coalition

https://ergonetwork.org/2020/04/post-2020-european-roma-coalition/

• European Roma Rights Centre

http://www.errc.org/

• Fundamental Rights Agency FRA

http://fra.europa.eu/en/theme/roma

75 Discrimination and the Roma Community 2020 https://romanistudies.ceu.edu/ • Romani StudiesProgram. Central European University. Anti-GypsyismStudies. • HeidelbergUniversity of Department HumanRights • European of Court • Romani language • Romea news • Romed • Roma women • Roma Youth ActionPlan http://www.romaeducationfund.hu/ • Roma EducationFund http://www.policycenter.eu/ • Policy Center • Osce-OdhirRoma andSinti • OpenSocietyFoundations Roma• International Women Network http://www.romea.cz/en/ http://www.osce.org/what/roma http://www.opensocietyfoundations.org/explainers/roma-and-open-society http://www.advocacynet.org/page/irwn Antiziganismus.html https://www.uni-heidelberg.de/fakultaeten/philosophie/zegk/histsem/forschung/Forschungsstelle_ http://www.echr.coe.int/Documents/FS_Roma_ENG.pdf http://romani.humanities.manchester.ac.uk/ http://coe-romed.org/ http://romawomen.org/ en.asp http://www.coe.int/t/dg4/youth/Training/Roma/2013_FEB_Roma_Youth_and_Council_of_Europe_ 76 APPENDIX III: Legal texts and documents adopted by European and international institutions on anti-Gypsyism and papers on anti-Gypsyism.

Council of Europe:

Thematic report on combating anti-Gypsyism, hate speech and hate crime against Roma

Declaration of the Committee of Ministers on the Rise of Anti-Gypsyism and Racist Violence against Roma in Europe

ECRI:

Recommendation no. 3 on combating racism and intolerance against Roma people

Recommendation 13 on anti-Gypsyism: http://rm.coe.int/ecri-general-policy-recommendation-no-13-on-combating-anti-gypsyism- an/16808b5aef

European Parliament Appendices European Parliament resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against an- ti-Gypsyism (2019/2509(RSP)) https://www.europarl.europa.eu/doceo/document/B-8-2019-0098_ES.html

A Union of Equality: EU Action Plan Against Racism 2020-2025 https://ec.europa.eu/info/sites/info/files/a_union_of_equality_eu_action_plan_against_ racism_2020_-2025_es.pdf

European Parliament resolution of 17 September 2020 on the implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe (2020/2011(INI)) http://www.europarl.europa.eu/doceo/document/TA-8-2019-0075_ES.html

European Parliament resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (2017/2038(INI)) http://www.europarl.europa.eu/doceo/document/TA-8-2017-0413_ES.html

77 Discrimination and the Roma Community 2020 en.pdf https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-anti-gypsyism-barrier-roma-inclusion_ FRA: Apersisting concern:anti-Gypsyismasabarrierto Roma inclusion. https://www.plataformaong.org/recursos/156/guia-de-recursos-contra-el-antigitanismo FAGA, Guíaderecursos contraelantigitanismo, 2014. Sinti andRoma, 2015. End, M.,AntigypsyismintheGermanPublicSphere, the German DocumentationandCultural Centreof https://www.enar-eu.org/Book-Dimensions-of-Antigypsyism-in-Europe Antigypsyism inEurope.Cortés, i.,andEndM.,Dimensionsof ENAR,2019. https://vientosur.info/spip.php?article14678 I.,EnsayoCortés. sobreelantigitanismo. VientoSur, 2019. Europe.Council of Mirrors- Manualoncombatingantigypsyism through humanrightseducation,2014. WEB.pdf https://www.coe.int/t/commissioner/source/prems/prems79611_GBR_CouvHumanRightsOfRoma_ Europe. RomaCouncil of HumanRightsof andTravellers inEurope, 2012. https://www.antigypsyism.eu/?page_id=17 Alliance against antigypsyism. Reference paper. 2015. Agafin, Timofey etal.WhenStereotypeMeetsPrejudice:AntiziganisminEuropean Societies, Ed.Ibidem, Papers onAnti-Gypsyism: https://www.ohchr.org/EN/Issues/Minorities/SRMinorities/Pages/GlobalStudyonRomaworldwide.aspx anti-Gypsyism phenomenon of RomaComprehensive study thehumanrightssituationof worldwide, of focus withaparticular onthe theSpecialRapporteurReport onminorityissues, of RitaIzsák: https://www.gitanos.org/upload/29/00/CERD_rec_XXVII_romanies.docx CERD General Recommendation XXVIIonDiscriminationAgainst Roma United Nations: http://www.europarl.europa.eu/doceo/document/TA-8-2015-0095_ES.html War II(2015/2615(RSP)) theRoma thememorialdayti-Gypsyism inEurope of genocide andEUrecognitionof duringWorld RomaEuropean International Day Parliament 15April2015ontheoccasionof —an resolutionof 78 2018. - FSG. Annual Report on Discrimination and the Roma Community 2016. Paper on Anti-Gypsyism. https://www.gitanos.org/upload/85/61/interior_discriminacion_2016_web.pdf

Greens. Countering antigypsyism in Europe. 2017. https://www.greens-efa.eu/files/doc/docs/1eab8137a17cb1d72a44bc4321ef3361.pdf

Hancock, I., The roots of antigypsyism: to the Holocaust and after. 1995.

Hancock, I., The Pariah Syndrome. An account of Gypsy slavery and persecution. 1987.

Kyuchukov, H., Roma Identity and Antigypsyism in Europe, LINCOM, 2013.

Kyuchukov, H., New Faces of Antigypsyism in Modern Europe. Praga, 2012. http://jaroslavbalvin.eu/wp-content/uploads/2014/10/AG_04.pdf

European Parliament Scaling up Roma Inclusion Strategies; Truth, reconciliation and justice for address- ing antigypsyism. 2019. https://www.europarl.europa.eu/RegData/etudes/STUD/2019/608859/IPOL_STU(2019)608859_ EN.pdf

Piasere, L., ¿Qué es el antigitanismo?, in (Re)visiones gitanas. Bellaterra, 2018, pp. 29 - 56.

Selling, J., End, M., Antiziganism. What’s in a word. Cambridge, 2015.

Valeriu N., Towards a definition of anti-gypsyism. 2006 (published in Spanish in the 2016 Annual Re- port, p. 75-81). Appendices http://ergonetwork.org/wp-content/uploads/2019/01/Valeriu-Nicholae_towards-a-definition-of- antigypsyism.pdf

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FSG Annual Report 2020 - Discriminación y Comunidad Gitana FSG - 2020 FSG - Cuaderno Técnico nº 131 Strategic litigation Best practice andcaselaw discrimination 425 casesof DISCRIMINATION INACCESS TO EMPLOYMENT IN DEPTH: Discrimination andtheRoma Community FSG AnnualReport 2020 02/02/2021 10:52:11