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Human Rights of Roma and Travellers in Europe Human Rights Writings Human rights of Roma Human Rights writings In many European countries, the Roma and Traveller populations are still denied basic human rights and suffer blatant racism. They remain far behind others in and terms of educational achievement, employment, housing and health standards, and they have virtually no political representation. Travellers Anti-Gypsyism continues to be widespread and is compounded by a striking lack of knowledge among the general population about the history of repression of Roma in Europe. In times of economic crisis, the tendency to direct frustration against scapegoats increases – and Roma and Travellers appear to be easy targets. This report presents the first overview of the human rights situation of Roma and in Europe Travellers, covering all 47 member states of the Council of Europe. Its purpose is to encourage a constructive discussion about policies towards Roma and Travellers in Europe today, focusing on what must be done in order to put an end to the discrimination and marginalisation they suffer. www.coe.int The Council of Europe has 47 member states, covering virtually the entire continent of Europe. It seeks to develop common democratic and legal principles based on the Human rights of Roma European Convention on Human Rights and other reference texts on the protection Council of Europe Publishing of individuals. Ever since it was founded in 1949, in the aftermath of the Second World COMMISSIONER FOR HUMAN RIGHTS War, the Council of Europe has symbolised reconciliation. andCOMMISSAIRE Travellers AUX DROITS DEin L'HOMME Europe ISBN 978-92-871-7200-6 COMMISSIONER FOR HUMAN RIGHTS http://book.coe.int COMMISSAIRE AUX DROITS DE L'HOMME €15/US$30 Council of Europe Publishing PREMS 79611 Human rights of Roma and Travellers in Europe Council of Europe Publications The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Council of Europe. All rights reserved. No part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system, without prior permission in writing from the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). This report was commissioned and published by the Commissioner for Human Rights to contribute to debate and reflection on important current issues relating to the protection of the human rights of Roma and Travellers. The report also includes recommendations by the Commissioner to address the concerns identified. At the same time, all opinions expressed in this report do not necessarily reflect the Commissioner’s position. Cover photo: Roma rights activists cover their faces with enlarged fingerprints during a protest in front of the French embassy in Bucharest, Romania. They are protesting against the expulsions of Romanian and Bulgarian Roma from France. Summer of 2010. © AP Photo/Vadim Ghirda Back cover photo: A concrete wall has been erected in order to separate the Roma neighbourhood in Kazanlak, central Bulgaria, from the rest of the town. A child is sitting in one of the openings in the wall, which allow the Roma to reach the main street. © Bulgarian Helsinki Committee. Cover design: Documents and Publications Production Department (SPDP), Council of Europe Layout: Jouve, Paris Council of Europe Publishing F-67075 Strasbourg Cedex http://book.coe.int ISBN 978-92-871-7200-6 © Council of Europe, February 2012 Printed at the Council of Europe Contents Foreword ................................................................................. 7 Summary ............................................................................... 11 Acknowledgements ........................................................... 29 Introduction .......................................................................... 31 1. Anti-Gypsyism ............................................................ 39 1.1. Public leaders and anti-Gypsy rhetoric ......................40 1.2. Extremist groups .....................................................45 1.3. Media .....................................................................50 1.4. Promotion of hatred on the Internet ...........................54 1.5. Anti-Gypsyism and recognition of the genocide of the Roma during the Second World War .................57 2. Racially motivated violence against Roma and Travellers ............................................................. 63 3. Treatment of Roma and Travellers by law enforcement and judicial authorities .................. 75 3.1. Police abuse of Roma and Travellers ..........................76 Police violence ......................................................................... 76 Racial profiling, including stop-and-search, raids and profiling at the border ......................................................... 80 Arbitrary seizure or destruction of property ................................. 84 Arbitrary detention .................................................................... 85 | 3 3.2. Roma and Travellers in the justice systems of Europe....86 Treatment of Roma and Travellers by criminal justice authorities in Europe ................................................................................. 87 Challenging racial discrimination against Roma and Travellers in court .................................................................................... 90 4. Respect for private and family life of Roma and Travellers ........................................... 93 4.1. Forced and coercive sterilisations of Roma women .....93 4.2. Removal of Roma children from the care of their biological parents ........................................100 4.3. Common law and customary marriage among certain Roma groups ..............................................104 5. Roma and trafficking in human beings ............ 109 6. Enjoyment by Roma and Travellers of economic and social rights ............................. 115 6.1. The right to education .............................................115 Exclusion from formal schooling, including ineffective measures to combat school abandonment ............................... 116 Segregation of Roma children ................................................. 123 Access to school by Roma girls ............................................... 131 Provision for Traveller education .............................................. 132 Romani language, history and culture in education, including suppression of anti-Roma stereotypes in the school curriculum ... 134 6.2. Access to adequate housing ...................................137 Discrimination in access to adequate housing, as well as in housing policy and practice ................................................. 138 Segregation: informal settlements, excluded localities and other separated housing arrangements ............................................ 140 Substandard housing conditions ............................................. 144 4 | Human rights of Roma and Travellers in Europe Security of tenure and forced evictions .................................... 148 Enjoyment of the right to adequate housing by Travellers .......... 153 Homelessness ........................................................................ 156 6.3. Access to employment ...........................................157 High unemployment rates among Roma and Travellers ............. 157 Direct discrimination in access to employment and in the workplace .............................................................. 159 Indirect discrimination in access to employment ....................... 161 Employment of Roma women .................................................. 162 Over-representation of Roma in un- and underqualified employment and in the informal economy ............................... 163 Efforts to improve Roma access to the labour market ............... 164 6.4. The right to the highest attainable standard of physical and mental health ..................................167 Denial of and discrimination by emergency medical services ..... 168 Discrimination by health care providers, including segregated wards ................................................................................... 170 Exclusion from health insurance and denial of medical services as a result of a lack of personal documents or related status issues .................................................................................... 171 Exclusion from health care as a result of physical distance from health care facilities ........................................................ 173 Health outcomes .................................................................... 173 Roma and health care systems: overcoming mistrust ................ 174 6.5. The right to social security .....................................177 6.6. Access to goods, services and public places ............180 Contents 5 | 7. Statelessness and gaps in personal documentation of Roma .........................................183 7.1. Lack of personal identification documents ................184 7.2. Statelessness in the context of state succession and transformation of the citizenship regime ............186 8. Enjoyment by Roma and Travellers of freedom of movement and international protection inside and outside the state territory ................193 8.1. Free movement within a territory .............................194
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