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

Sina Van den Bogaert (Autor)

Buch | Hardcover

576 Seiten

2018
Martinus Nijhoff (Verlag)
9789004354197 (ISBN)

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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.

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

Erscheinungsdatum	04.12.2018
Sprache	englisch
Maße	155 x 235 mm
Gewicht	1012 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-13	9789004354197 / 9789004354197
Zustand	Neuware