Segregation of Roma Children in Education
Addressing Structural Discrimination through the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC
In Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application ratione personae and ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education. This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
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Sina Van den Bogaert, Dr. jur. (2017), Johann Wolfgang Goethe-University, is a Legal Officer at the European Commission. She is a former Research Fellow of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She has published several articles on European Non-discrimination Law.
Acknowledgments
Abbreviations
Table of Cases
Introduction
1The Roma
1Introduction
2Who Are the Roma? Homeland, Migration, Nomadism and Self-Designation
3The Roma – A Minority with its Own Specific Features
4Conclusions under Chapter 1
2Education as a Key to Inclusion and as an Indispensable Means of Realizing other Human Rights
1Introduction
2Problems Faced by Roma Children in Education
3The Importance of Education: Education as a Means of Integration and Effective Participation in Society
4Challenging the ‘Separate but Equal’ Doctrine by Challenging Segregation in Education: Education as a Backbone for Integration in the United States
5International and Regional Standards of International Law Applicable in Cases of Segregation in Education
6Synergies between the Human Rights and Economic Efficiency Agendas
7Conclusions under Chapter 2
3A Critical Stance towards the Human Rights and Minority Rights Approach in the Case of the Roma
1Introduction
2Human Rights, Minority Rights and Non-Discrimination Rights
3Excursus: Disparities in the Attitude towards the Roma in Eastern and Western Europe
4Different Conceptions of Romani Identity: A Skeptical Appraisal of the Minority Rights Discourse from a Sociological Perspective
5The Minority Rights Discourse and the Paradox of Identity Politics
6Strategies for Making the Minority Rights Discourse Work
7Conclusions under Chapter 3
4An Introduction to the Framework Convention for the Protection of National Minorities and to the Racial Equality Directive. – The Place and Role of the FCNM and the Racial Equality Directive in the Labyrinth of International Standards
1Introduction
2An Introduction to the Framework Convention for the Protection of National Minorities
3The FCNM as an Integral Part of International Human Rights Instruments
4Evaluating ‘Added Value’ as a Criterion for Success
5An Introduction to the Racial Equality Directive
6The Racial Equality Directive in the Light of International Non-Discrimination Standards
7Conclusions under Chapter 4
5The Roma as a National Minority in the Light of the Framework Convention for the Protection of National Minorities
1Introduction
2Do the Roma Fall into the Personal Scope of the Application of the FCNM?
3Declarations are Objectable
4Recent Developments regarding Albania
5Conclusions under Chapter 5
6The Roma as a Dual Racial and Ethnic Minority in the Light of the Racial Equality Directive
1Introduction
2Do the Roma Fall within the Personal Scope of the Application of the Racial Equality Directive?
3Conclusions under Chapter 6
7The Right to Education under the Framework Convention for the Protection of National Minorities: Theoretical Framework
1Introduction
2A Wide Understanding of the Notion of Education under the FCNM
3An Analysis of the Relevant Provisions of the FCNM
4Thematic Commentary on Education
5Conclusions under Chapter 7
8The Material Scope of the Racial Equality Directive in the Field of Education and the Concept of Discrimination under the Racial Equality Directive
1Introduction
2The Material Scope of the Racial Equality Directive: The Forms of Education Covered by the Racial Equality Directive
3The Meaning of Discrimination under the Racial Equality Directive
4Conclusions under Chapter 8
9The Framework Convention for the Protection of National Minorities and the Racial Equality Directive as a Point of Reference for the ECtHR: the Cases D.H. and Others v. Czech Republic, Sampanis and Others v. Greece, Oršuš and Others v. Croatia, Horvath and Kiss v. Hungary and Lavida and Others v. Greece
1Introduction
2On the Relation between the FCNM and the ECHR
3On the Relation between the Racial Equality Directive and ECtHR Jurisprudence
4An Analysis of the ECtHR Jurisprudence on the Segregation of Roma Children in Education: the Ostrava case, the Sampanis case, the Oršuš case, the Horvath and Kiss case, the Lavida case and the Kósa case
5Differences in the CJEU Case Law Compared to the ECtHR Jurisprudence related to Objective Justification in Discrimination Cases
6The Potential of Both the ECtHR and the CJEU Jurisprudence in the Fight against the Structural Discrimination of the Roma in Education
7Conclusions under Chapter 9
10Case Study
1Introduction
2Case Study on the Czech Republic and Germany: Justification of the Choice of States
3The Czech Republic
4Germany
5The Situation in other EU Member States
6Conclusions under Chapter 10
11Recent Roma Policy Initiatives at the Council of Europe and at the European Union
1Introduction
2Recent Policy Initiatives at the EU Level: the Platform on Roma Inclusion and the EU Framework for National Roma Integration Strategies up to 2020
3Recent Policy Initiatives at the Council of Europe since the Strasbourg Declaration
4Cooperation Initiatives between the EU and the Council of Europe in the Field of Roma Rights Protection
5Conclusions under Chapter 11
12The Added Value of the Framework Convention for the Protection of National Minorities in the Field of Roma Education
1Introduction
2More than a Fig-Leave Exercise: the FCNM as an All-encompassing Legally Binding Tool in Protecting Roma Educational Rights
3Reach and Scope
4The Added Value of the FCNM versus the Racial Equality Directive
5Conclusions under Chapter 12
13The Added Value of the Racial Equality Directive in the Field of Roma Education
1Introduction
2The Lack of Ethnically Disaggregated Data and Statistics
3Added Value Compared to Other Existing International Human Rights Instruments Due to its Concrete Enforcement Provisions
4The Contribution of the Racial Equality Directive and the EU as a Whole to the Implementation of the FCNM
5Cross-references and Synergies between the FCNM Monitoring System and the Monitoring of the Implementation of the Racial Equality Directive
6Areas Where the Racial Equality Directive Falls Short of Providing Full Protection
7The Need for a Specific Roma Integration Directive?
8The Racial Equality Directive within the Context of the EU Framework for National Roma Integration Strategies up to 2020
9Conclusions under Chapter 13
14The FCNM and the Racial Equality Directive as Complementary Instruments: Suggestions for a More Effective Monitoring and Implementation of the FCNM and the Racial Equality Directive in the Field of Roma Education
1Introduction
2FCNM: Suggestions for Improvement
3The Racial Equality Directive: Suggestions for Improvement
4An Enhanced Cooperation between the EU and the Council of Europe in the Field of Roma Rights Protection
5Conclusions under Chapter 14
Conclusions
Bibliography
Index
Abbreviations
Table of Cases
Introduction
1The Roma
1Introduction
2Who Are the Roma? Homeland, Migration, Nomadism and Self-Designation
3The Roma – A Minority with its Own Specific Features
4Conclusions under Chapter 1
2Education as a Key to Inclusion and as an Indispensable Means of Realizing other Human Rights
1Introduction
2Problems Faced by Roma Children in Education
3The Importance of Education: Education as a Means of Integration and Effective Participation in Society
4Challenging the ‘Separate but Equal’ Doctrine by Challenging Segregation in Education: Education as a Backbone for Integration in the United States
5International and Regional Standards of International Law Applicable in Cases of Segregation in Education
6Synergies between the Human Rights and Economic Efficiency Agendas
7Conclusions under Chapter 2
3A Critical Stance towards the Human Rights and Minority Rights Approach in the Case of the Roma
1Introduction
2Human Rights, Minority Rights and Non-Discrimination Rights
3Excursus: Disparities in the Attitude towards the Roma in Eastern and Western Europe
4Different Conceptions of Romani Identity: A Skeptical Appraisal of the Minority Rights Discourse from a Sociological Perspective
5The Minority Rights Discourse and the Paradox of Identity Politics
6Strategies for Making the Minority Rights Discourse Work
7Conclusions under Chapter 3
4An Introduction to the Framework Convention for the Protection of National Minorities and to the Racial Equality Directive. – The Place and Role of the FCNM and the Racial Equality Directive in the Labyrinth of International Standards
1Introduction
2An Introduction to the Framework Convention for the Protection of National Minorities
3The FCNM as an Integral Part of International Human Rights Instruments
4Evaluating ‘Added Value’ as a Criterion for Success
5An Introduction to the Racial Equality Directive
6The Racial Equality Directive in the Light of International Non-Discrimination Standards
7Conclusions under Chapter 4
5The Roma as a National Minority in the Light of the Framework Convention for the Protection of National Minorities
1Introduction
2Do the Roma Fall into the Personal Scope of the Application of the FCNM?
3Declarations are Objectable
4Recent Developments regarding Albania
5Conclusions under Chapter 5
6The Roma as a Dual Racial and Ethnic Minority in the Light of the Racial Equality Directive
1Introduction
2Do the Roma Fall within the Personal Scope of the Application of the Racial Equality Directive?
3Conclusions under Chapter 6
7The Right to Education under the Framework Convention for the Protection of National Minorities: Theoretical Framework
1Introduction
2A Wide Understanding of the Notion of Education under the FCNM
3An Analysis of the Relevant Provisions of the FCNM
4Thematic Commentary on Education
5Conclusions under Chapter 7
8The Material Scope of the Racial Equality Directive in the Field of Education and the Concept of Discrimination under the Racial Equality Directive
1Introduction
2The Material Scope of the Racial Equality Directive: The Forms of Education Covered by the Racial Equality Directive
3The Meaning of Discrimination under the Racial Equality Directive
4Conclusions under Chapter 8
9The Framework Convention for the Protection of National Minorities and the Racial Equality Directive as a Point of Reference for the ECtHR: the Cases D.H. and Others v. Czech Republic, Sampanis and Others v. Greece, Oršuš and Others v. Croatia, Horvath and Kiss v. Hungary and Lavida and Others v. Greece
1Introduction
2On the Relation between the FCNM and the ECHR
3On the Relation between the Racial Equality Directive and ECtHR Jurisprudence
4An Analysis of the ECtHR Jurisprudence on the Segregation of Roma Children in Education: the Ostrava case, the Sampanis case, the Oršuš case, the Horvath and Kiss case, the Lavida case and the Kósa case
5Differences in the CJEU Case Law Compared to the ECtHR Jurisprudence related to Objective Justification in Discrimination Cases
6The Potential of Both the ECtHR and the CJEU Jurisprudence in the Fight against the Structural Discrimination of the Roma in Education
7Conclusions under Chapter 9
10Case Study
1Introduction
2Case Study on the Czech Republic and Germany: Justification of the Choice of States
3The Czech Republic
4Germany
5The Situation in other EU Member States
6Conclusions under Chapter 10
11Recent Roma Policy Initiatives at the Council of Europe and at the European Union
1Introduction
2Recent Policy Initiatives at the EU Level: the Platform on Roma Inclusion and the EU Framework for National Roma Integration Strategies up to 2020
3Recent Policy Initiatives at the Council of Europe since the Strasbourg Declaration
4Cooperation Initiatives between the EU and the Council of Europe in the Field of Roma Rights Protection
5Conclusions under Chapter 11
12The Added Value of the Framework Convention for the Protection of National Minorities in the Field of Roma Education
1Introduction
2More than a Fig-Leave Exercise: the FCNM as an All-encompassing Legally Binding Tool in Protecting Roma Educational Rights
3Reach and Scope
4The Added Value of the FCNM versus the Racial Equality Directive
5Conclusions under Chapter 12
13The Added Value of the Racial Equality Directive in the Field of Roma Education
1Introduction
2The Lack of Ethnically Disaggregated Data and Statistics
3Added Value Compared to Other Existing International Human Rights Instruments Due to its Concrete Enforcement Provisions
4The Contribution of the Racial Equality Directive and the EU as a Whole to the Implementation of the FCNM
5Cross-references and Synergies between the FCNM Monitoring System and the Monitoring of the Implementation of the Racial Equality Directive
6Areas Where the Racial Equality Directive Falls Short of Providing Full Protection
7The Need for a Specific Roma Integration Directive?
8The Racial Equality Directive within the Context of the EU Framework for National Roma Integration Strategies up to 2020
9Conclusions under Chapter 13
14The FCNM and the Racial Equality Directive as Complementary Instruments: Suggestions for a More Effective Monitoring and Implementation of the FCNM and the Racial Equality Directive in the Field of Roma Education
1Introduction
2FCNM: Suggestions for Improvement
3The Racial Equality Directive: Suggestions for Improvement
4An Enhanced Cooperation between the EU and the Council of Europe in the Field of Roma Rights Protection
5Conclusions under Chapter 14
Conclusions
Bibliography
Index
All interested in Roma educational rights, especially master students, PhD students and lecturers in the fields of human rights law, European law, sociology, educational science and Romani studies and academics doing research on the right to education as a human right, minority rights, non-discrimination, Roma rights and European studies. Policy makers in local administrations, national administrations, the EU administration, or the Council of Europe administration concerned with Roma rights, and Roma rights advocates in grassroots organisations and NGOs.