... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Au... more ... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Autores: Lilla Farkas; Localización: European anti-discrimination law review, Nº. 3, 2006 , págs. 21-30. Fundación Dialnet. Acceso de usuarios registrados. ...
The Racial Equality Directive 11 covers discrimination based on race and ethnic origin, while the... more The Racial Equality Directive 11 covers discrimination based on race and ethnic origin, while the Employment Equality Directive 12 pertains to disability among other grounds. However, European law does not define these grounds. On the other hand, international and national laws contain definitions and it is noteworthy that the Starting Line Group (SLG)'s initiative that ultimately led to the adoption of the Racial Equality Directive in 2000-on which the Employment Equality Directive was also modeled-originally targeted race and ethnic origin as well as religion. 13 Discussions with stakeholders-particularly at the national level-during the drafting phase had already revealed the many taboos attached to the term race and the 9 In 2010, the Roma Initiative Office (RIO) published the report No Data, No Progress, demonstrating the difficulties of assessing progress made in the framework of the Decade for Roma Inclusion. The report mapped the (un)availability of data on the Roma population in 12 countries:
Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforce... more Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforcement mechanism is directly rooted in the national sphere through equality bodies and judicial oversight culminating in preliminary referrals to the European Court of Justice. It is supported by procedural tools that member states were either obliged to introduce in their domestic legal regimes or opted to provide themselves, such as actio popularis standing of nongovernmental organisations. In the context of the changing political realities at the European level and the shortcomings of the individual justice model under the European Convention on Human Rights, this article looks at the procedural and substantive legal implications of actio popularis claims from four angles: (i) to establish what the added value of actio popularis standing may be in the context of effective protection against discrimination; (ii) to investigate what consequences actio popularis could have in relation to remedies; (iii) to demonstrate that actio popularis is especially important in relation to remedying structural discrimination, fi rst and foremost in public education; and (iv) to analyse how actio popularis in public education operates in Hungary. It seeks to demonstrate through Hungarian case law that actio popularis claims are capable of addressing structural discrimination in civil law and that they are able to secure structural remedies. It argues that actio popularis standing also has implications for sanctions, ultimately determining the speed of European integration in public education. * Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field. This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker
The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Profess... more The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe's place in 21 st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe's neighbourhood and the wider world.
The article analyses the jurisprudence of international tribunals on the education and housing of... more The article analyses the jurisprudence of international tribunals on the education and housing of Roma and Travellers to understand whether positive obligations can change the hearts and minds of the majority and promote minority identities. Case law on education deals with integration rather than cultural specificities, while in the context of housing it accommodates minority needs. Positive obligations have achieved a higher level of compliance in the latter context by requiring majorities to tolerate the minority way of life in overwhelmingly segregated settings. Conversely, little seems to have changed in education, where legal and institutional reform, as well as a shift in both majority and minority attitudes, would be necessary to dismantle social distance and generate mutual trust. The interlocking factors of accessibility, judicial activism, European politics, expectations of political allegiance and community resources explain jurisprudential developments. The weak justiciability of minority rights, the lack of resources internal to the community and dual identities among the Eastern Roma impede legal claims for culture-specific accommodation in education. Conversely, the protection of minority identity and community ties is of paramount importance in the housing context, subsumed under the right to private and family life.
Chapter V: Discursive domination 'precedent' plays in common law and civil law jurisdictions, and... more Chapter V: Discursive domination 'precedent' plays in common law and civil law jurisdictions, and Theodoros Alexandridis for his incredible research 'assistance' and for being the most wonderful sounding board during my difficult months. I am forever indebted to professor Scott L. Cummings of the University of California Los Angeles, who took me under his wings during my time as a Fulbright fellow and pushed me to my limits in order to tease out conclusions that may be of interest not just in Central and Eastern Europe or Europe in general, but also across the Atlantic. At the EUI, I found like-minded researchers who enthusiastically discussed whatever needed to be discussed, and I would like to mention Virginia Passalacqua, Lamin Khadar and Jeffrey Miller in particular. The EUI has also offered me the opportunity to find my 'Florentine family', whose unrelenting love and support has nurtured me over the four years spent in Florence. Thank you so much, Simon, Pablo, Bruno, Raphaelle, Deborah, Gael, Iliena and Nazli. I would also like to extend my gratitude to the Stormy Weather Badminton Club in Florence-Agnese and Flavio in particularwho kept me on my toes and made sure I remember that a good strategy and collaboration are as important to winning as is physical strength. Scores of friends have helped me during the process of writing and their list is too long to fit these pages. Let me thank Éva and Jocó who gave me shelter, food and good conversation in Budapest Marianna, Lili and Gábor who pampered me in Florence during my years as a researcher, Józsi and Bea, Csilla, Isabelle, Heni and Jani, Vanda and Barbora who discussed the project at times enthusiastically, at other times with a certain fatigue. Last but not least, I would like to acknowledge the love and support of my family, particularly my Mum, an unrelenting seeker of justice and a role model in every respect. Name Date of birth Place of birth Activity European Roma Rights Center 1996 Budapest, Hungary OSF's flagship INGO dedicated to Roma rights advocacy and legal defence Equal Opportunities Initiative Association
Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforce... more Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforcement mechanism is directly rooted in the national sphere through equality bodies and judicial oversight culminating in preliminary referrals to the European Court of Justice. It is supported by procedural tools that member states were either obliged to introduce in their domestic legal regimes or opted to provide themselves, such as actio popularis standing of nongovernmental organisations. In the context of the changing political realities at the European level and the shortcomings of the individual justice model under the European Convention on Human Rights, this article looks at the procedural and substantive legal implications of actio popularis claims from four angles: (i) to establish what the added value of actio popularis standing may be in the context of effective protection against discrimination; (ii) to investigate what consequences actio popularis could have in relation to remedies; (iii) to demonstrate that actio popularis is especially important in relation to remedying structural discrimination, fi rst and foremost in public education; and (iv) to analyse how actio popularis in public education operates in Hungary. It seeks to demonstrate through Hungarian case law that actio popularis claims are capable of addressing structural discrimination in civil law and that they are able to secure structural remedies. It argues that actio popularis standing also has implications for sanctions, ultimately determining the speed of European integration in public education. * Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field. This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker
A tanulmány kiindulópontját a csoportos igényérvényesítésnek a kutatás korábbi szakaszában azonos... more A tanulmány kiindulópontját a csoportos igényérvényesítésnek a kutatás korábbi szakaszában azonosított előnyei jelentik a kisebbségi jogérvényesítésben. A jelen írásban az emberi jogi ítélkezés részét képező magyar és európai eseteken keresztül vizsgáljuk, hogyan kapcsolható ez az eljárási megoldás a gyakorlatban megjelenő dilemmákhoz. A tanulmány a fogalmi tisztázást követően először a jogvédelem hatékonyságát vizsgálja a kisebbségi jogok és a csoportos igényérvényesítés kapcsán, majd tágítva az elemzés fókuszát, a stratégiai és a politikai többség akaratával ellentétes jogérvényesítéssel szembeni gyakori kritikát tárgyalja, a jog politikai eszközzé válását. Ennek kapcsán külön fejezet foglalkozik azzal a veszéllyel, hogy a kisebbség védelmére szánt eszközök a többségi részrehajlás közegében hogyan válhatnak az eredetivel ellentétes cél szolgáivá, és ez milyen tanulságokat rejt. Végül a képviselet és a finanszírozás kapcsán teszünk a kisebbségeket és a csoportos igényérvényesítést ...
Gheorghe observes that the Roma are in a formative stage as a minority group, a process he labels... more Gheorghe observes that the Roma are in a formative stage as a minority group, a process he labels "ethnogenesis".
Realizing Roma Rights. Philadelphia: University of Pennsylvania Press. viii, 308 pages. US-based ... more Realizing Roma Rights. Philadelphia: University of Pennsylvania Press. viii, 308 pages. US-based public and private foundations have actively shaped and promoted Roma rights since 1989. The most prominent ones are the United States Agency for International Development (USAID) and the Open Society Foundations (OSF). After the fall of the Berlin wall, USAID disbursed considerable funds for non-governmental organizations (NGO) working for/with the Roma and organized study visits to the US for scores of Roma activists. OSF, on its part has not only funded NGOs in Central and Eastern Europe (CEE) where the bulk of Europe's ten million Roma live but also established international NGOs (INGO) and itself operates as a 'meta-NGO' advocating for Roma rights. 1 For American executives within OSF 'the Roma issue [was] a rights issue' from the very beginning and the fight against segregated education the vehicle of social integration. 2 Their priorities served as a blueprint for European funders -first and foremost the European Union -while profoundly impacting on the international Romani movement that is highly dependent on these funders. In exceptional cases Roma political leaders successfully forged coalitions with domestic agents (political parties), gaining access to considerable resources and opportunities to shape domestic policies in meaningful ways. The two volumes reviewed here naturally apply the US-inspired prescriptions in their quest for making sense of the 'Roma issue'. They narrate the deeds of progressives in the CEE from a US perspective for an interested (US) public in different, but equally intriguing ways. Andria D. Timmer offers a bottom-up view, which is essential to ethnographic research based on participatory observation, the methodology she chooses to map what NGOs do to as much as for the Roma in the field of education. 3 Her empirical research on the role of NGOs facilitating Hungarian 1 The primary purpose of a 'meta-NGO' is to provide support to other NGOs but it can also come to 'govern' the NGOs it funds, cf. Stubbs (2005: 81). 2 Harding (2006). 3 For a recent account of NGO anthropology see Lashaw et al (2017).
More information on the European Union is available on the Internet (http://europa.eu).
... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Au... more ... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Autores: Lilla Farkas; Localización: European anti-discrimination law review, Nº. 3, 2006 , págs. 21-30. Fundación Dialnet. Acceso de usuarios registrados. ...
As recalled in the Grand Chamber judgment in DH and Others v. the Czech Republic (judg-ment of 13... more As recalled in the Grand Chamber judgment in DH and Others v. the Czech Republic (judg-ment of 13 November 2007) (hereinafter: DH II), Roma have been a topic of discussion at the European level from the late 1960s. Over the last 15 years this discussion has been kept lively by ...
... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Au... more ... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Autores: Lilla Farkas; Localización: European anti-discrimination law review, Nº. 3, 2006 , págs. 21-30. Fundación Dialnet. Acceso de usuarios registrados. ...
The Racial Equality Directive 11 covers discrimination based on race and ethnic origin, while the... more The Racial Equality Directive 11 covers discrimination based on race and ethnic origin, while the Employment Equality Directive 12 pertains to disability among other grounds. However, European law does not define these grounds. On the other hand, international and national laws contain definitions and it is noteworthy that the Starting Line Group (SLG)'s initiative that ultimately led to the adoption of the Racial Equality Directive in 2000-on which the Employment Equality Directive was also modeled-originally targeted race and ethnic origin as well as religion. 13 Discussions with stakeholders-particularly at the national level-during the drafting phase had already revealed the many taboos attached to the term race and the 9 In 2010, the Roma Initiative Office (RIO) published the report No Data, No Progress, demonstrating the difficulties of assessing progress made in the framework of the Decade for Roma Inclusion. The report mapped the (un)availability of data on the Roma population in 12 countries:
Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforce... more Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforcement mechanism is directly rooted in the national sphere through equality bodies and judicial oversight culminating in preliminary referrals to the European Court of Justice. It is supported by procedural tools that member states were either obliged to introduce in their domestic legal regimes or opted to provide themselves, such as actio popularis standing of nongovernmental organisations. In the context of the changing political realities at the European level and the shortcomings of the individual justice model under the European Convention on Human Rights, this article looks at the procedural and substantive legal implications of actio popularis claims from four angles: (i) to establish what the added value of actio popularis standing may be in the context of effective protection against discrimination; (ii) to investigate what consequences actio popularis could have in relation to remedies; (iii) to demonstrate that actio popularis is especially important in relation to remedying structural discrimination, fi rst and foremost in public education; and (iv) to analyse how actio popularis in public education operates in Hungary. It seeks to demonstrate through Hungarian case law that actio popularis claims are capable of addressing structural discrimination in civil law and that they are able to secure structural remedies. It argues that actio popularis standing also has implications for sanctions, ultimately determining the speed of European integration in public education. * Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field. This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker
The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Profess... more The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe's place in 21 st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe's neighbourhood and the wider world.
The article analyses the jurisprudence of international tribunals on the education and housing of... more The article analyses the jurisprudence of international tribunals on the education and housing of Roma and Travellers to understand whether positive obligations can change the hearts and minds of the majority and promote minority identities. Case law on education deals with integration rather than cultural specificities, while in the context of housing it accommodates minority needs. Positive obligations have achieved a higher level of compliance in the latter context by requiring majorities to tolerate the minority way of life in overwhelmingly segregated settings. Conversely, little seems to have changed in education, where legal and institutional reform, as well as a shift in both majority and minority attitudes, would be necessary to dismantle social distance and generate mutual trust. The interlocking factors of accessibility, judicial activism, European politics, expectations of political allegiance and community resources explain jurisprudential developments. The weak justiciability of minority rights, the lack of resources internal to the community and dual identities among the Eastern Roma impede legal claims for culture-specific accommodation in education. Conversely, the protection of minority identity and community ties is of paramount importance in the housing context, subsumed under the right to private and family life.
Chapter V: Discursive domination 'precedent' plays in common law and civil law jurisdictions, and... more Chapter V: Discursive domination 'precedent' plays in common law and civil law jurisdictions, and Theodoros Alexandridis for his incredible research 'assistance' and for being the most wonderful sounding board during my difficult months. I am forever indebted to professor Scott L. Cummings of the University of California Los Angeles, who took me under his wings during my time as a Fulbright fellow and pushed me to my limits in order to tease out conclusions that may be of interest not just in Central and Eastern Europe or Europe in general, but also across the Atlantic. At the EUI, I found like-minded researchers who enthusiastically discussed whatever needed to be discussed, and I would like to mention Virginia Passalacqua, Lamin Khadar and Jeffrey Miller in particular. The EUI has also offered me the opportunity to find my 'Florentine family', whose unrelenting love and support has nurtured me over the four years spent in Florence. Thank you so much, Simon, Pablo, Bruno, Raphaelle, Deborah, Gael, Iliena and Nazli. I would also like to extend my gratitude to the Stormy Weather Badminton Club in Florence-Agnese and Flavio in particularwho kept me on my toes and made sure I remember that a good strategy and collaboration are as important to winning as is physical strength. Scores of friends have helped me during the process of writing and their list is too long to fit these pages. Let me thank Éva and Jocó who gave me shelter, food and good conversation in Budapest Marianna, Lili and Gábor who pampered me in Florence during my years as a researcher, Józsi and Bea, Csilla, Isabelle, Heni and Jani, Vanda and Barbora who discussed the project at times enthusiastically, at other times with a certain fatigue. Last but not least, I would like to acknowledge the love and support of my family, particularly my Mum, an unrelenting seeker of justice and a role model in every respect. Name Date of birth Place of birth Activity European Roma Rights Center 1996 Budapest, Hungary OSF's flagship INGO dedicated to Roma rights advocacy and legal defence Equal Opportunities Initiative Association
Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforce... more Adopted in 2000, the Racial Equality Directive is a new-age human rights instrument whose enforcement mechanism is directly rooted in the national sphere through equality bodies and judicial oversight culminating in preliminary referrals to the European Court of Justice. It is supported by procedural tools that member states were either obliged to introduce in their domestic legal regimes or opted to provide themselves, such as actio popularis standing of nongovernmental organisations. In the context of the changing political realities at the European level and the shortcomings of the individual justice model under the European Convention on Human Rights, this article looks at the procedural and substantive legal implications of actio popularis claims from four angles: (i) to establish what the added value of actio popularis standing may be in the context of effective protection against discrimination; (ii) to investigate what consequences actio popularis could have in relation to remedies; (iii) to demonstrate that actio popularis is especially important in relation to remedying structural discrimination, fi rst and foremost in public education; and (iv) to analyse how actio popularis in public education operates in Hungary. It seeks to demonstrate through Hungarian case law that actio popularis claims are capable of addressing structural discrimination in civil law and that they are able to secure structural remedies. It argues that actio popularis standing also has implications for sanctions, ultimately determining the speed of European integration in public education. * Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field. This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker
A tanulmány kiindulópontját a csoportos igényérvényesítésnek a kutatás korábbi szakaszában azonos... more A tanulmány kiindulópontját a csoportos igényérvényesítésnek a kutatás korábbi szakaszában azonosított előnyei jelentik a kisebbségi jogérvényesítésben. A jelen írásban az emberi jogi ítélkezés részét képező magyar és európai eseteken keresztül vizsgáljuk, hogyan kapcsolható ez az eljárási megoldás a gyakorlatban megjelenő dilemmákhoz. A tanulmány a fogalmi tisztázást követően először a jogvédelem hatékonyságát vizsgálja a kisebbségi jogok és a csoportos igényérvényesítés kapcsán, majd tágítva az elemzés fókuszát, a stratégiai és a politikai többség akaratával ellentétes jogérvényesítéssel szembeni gyakori kritikát tárgyalja, a jog politikai eszközzé válását. Ennek kapcsán külön fejezet foglalkozik azzal a veszéllyel, hogy a kisebbség védelmére szánt eszközök a többségi részrehajlás közegében hogyan válhatnak az eredetivel ellentétes cél szolgáivá, és ez milyen tanulságokat rejt. Végül a képviselet és a finanszírozás kapcsán teszünk a kisebbségeket és a csoportos igényérvényesítést ...
Gheorghe observes that the Roma are in a formative stage as a minority group, a process he labels... more Gheorghe observes that the Roma are in a formative stage as a minority group, a process he labels "ethnogenesis".
Realizing Roma Rights. Philadelphia: University of Pennsylvania Press. viii, 308 pages. US-based ... more Realizing Roma Rights. Philadelphia: University of Pennsylvania Press. viii, 308 pages. US-based public and private foundations have actively shaped and promoted Roma rights since 1989. The most prominent ones are the United States Agency for International Development (USAID) and the Open Society Foundations (OSF). After the fall of the Berlin wall, USAID disbursed considerable funds for non-governmental organizations (NGO) working for/with the Roma and organized study visits to the US for scores of Roma activists. OSF, on its part has not only funded NGOs in Central and Eastern Europe (CEE) where the bulk of Europe's ten million Roma live but also established international NGOs (INGO) and itself operates as a 'meta-NGO' advocating for Roma rights. 1 For American executives within OSF 'the Roma issue [was] a rights issue' from the very beginning and the fight against segregated education the vehicle of social integration. 2 Their priorities served as a blueprint for European funders -first and foremost the European Union -while profoundly impacting on the international Romani movement that is highly dependent on these funders. In exceptional cases Roma political leaders successfully forged coalitions with domestic agents (political parties), gaining access to considerable resources and opportunities to shape domestic policies in meaningful ways. The two volumes reviewed here naturally apply the US-inspired prescriptions in their quest for making sense of the 'Roma issue'. They narrate the deeds of progressives in the CEE from a US perspective for an interested (US) public in different, but equally intriguing ways. Andria D. Timmer offers a bottom-up view, which is essential to ethnographic research based on participatory observation, the methodology she chooses to map what NGOs do to as much as for the Roma in the field of education. 3 Her empirical research on the role of NGOs facilitating Hungarian 1 The primary purpose of a 'meta-NGO' is to provide support to other NGOs but it can also come to 'govern' the NGOs it funds, cf. Stubbs (2005: 81). 2 Harding (2006). 3 For a recent account of NGO anthropology see Lashaw et al (2017).
More information on the European Union is available on the Internet (http://europa.eu).
... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Au... more ... A good way to equality: Roma seeking judicial protection against discrimination in Europe. Autores: Lilla Farkas; Localización: European anti-discrimination law review, Nº. 3, 2006 , págs. 21-30. Fundación Dialnet. Acceso de usuarios registrados. ...
As recalled in the Grand Chamber judgment in DH and Others v. the Czech Republic (judg-ment of 13... more As recalled in the Grand Chamber judgment in DH and Others v. the Czech Republic (judg-ment of 13 November 2007) (hereinafter: DH II), Roma have been a topic of discussion at the European level from the late 1960s. Over the last 15 years this discussion has been kept lively by ...
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