Improving and protecting human rights: A reflection of the quality of education for migrant and marginalized Roma children in Europe

2016 ◽  
Vol 6 (3) ◽  
pp. 52-76
Author(s):  
Silvia-Maria Chireac ◽  
Anna Devis Arbona
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Educational Systems ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Roma Population ◽  
Eu Member States ◽  
European Citizenship ◽  
Current Economic Crisis

[Full article is in English]English: Estimated at 12 million, the Roma population constitutes one of the largest and most disadvantaged ethnic minority groups in Europe and the most socially marginalized and stigmatized group in the European Union (Council of Europe, 2009, 2010). In recent years, following the two waves of EU expansion in 2004 and 2007, the problem of Roma integration into educational systems generated great attention among EU member states. The European Commission’s policy of promoting multilingualism and cultural diversity to foster European citizenship has led to promising results. However, the current economic crisis and lack of effective political integration within EU member states have promoted policies of protectionism. This article provides an analysis of the current situation of Roma children from Eastern Europe, highlighting the opportunities for improving instruction and protecting human rights for this highly vulnerable school-age population. We propose specific measures based on a bilingual and cross-culturally inclusive educational model.Spanish: Estimada en doce millones, la población romaní es uno de los grupos étnicos minoritarios más numeroso, desfavorecido, marginalizado y socialmente estigmatizado de la Unión Europea (Consejo de Europa, 2009, 2010). Después de las dos olas de ampliación de la UE en 2004 y 2007, el problema de la integración de los romaníes en los sistemas de educación generó gran atención entre los estados miembros. La política de la CE para promover el multilingüismo y la diversidad cultural a fin de fortalecer la ciudadanía europea ha llevado a resultados prometedores. Sin embargo, ante la crisis económica actual y la falta de una política efectiva de integración en la UE, predominan políticas de proteccionismo. Este artículo analiza la situación actual de los niños romaní en Europa del Este, subrayando las oportunidades para mejorar la instrucción y protección de los derechos humanos de esta sumamente vulnerable población en edad escolar. Proponemos medidas específi cas basadas en un modelo escolar bilingüe y transculturalmente inclusivo.French Estimée en 12 millions, la population rom constitue un des plus grands groupes ethniques défavorisés minoritaires en Europe et le groupe le plus marginalisé socialement et stigmatisé de l’Union Européenne (Council of Europe, 2009, 2010). Au cours des années récentes, suite à deux vagues d’expansion de l’EU en 2004 et 2007, le problème de l’intégration des Roms dans les systèmes éducatifs a provoqué une att ention soutenue dans les États membres de l’UE. La politique de la Commission Européenne en matière de promotion du multilinguisme et de la diversité culturelle destinée á favoriser la citoyenneté européenne a abouti à des résultats promett eurs. Cependant, la crise économique actuelle et l’absence d’une intégration politique réelle entre les États membres de l’UE ont favorisé des politiques protectionnistes. Cet article présente une analyse de la situation actuelle des enfants roms d’Europe de l’Est et met en lumière les opportunités d’améliorer l’instruction et de protéger les droits humains pour cett e population scolaire très vulnérable. Nous proposons des mesures spécifi ques fondées sur un modèle éducatif bilingue et ouvert à l’interculturel.

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

scholarly journals Language policy and language education in the Netherlands and Romania

2013 ◽  
Vol 2 (2) ◽  
pp. 205-223 ◽  
Author(s):  
Folkert Kuiken ◽  
Elisabeth van der Linden
Keyword(s):  
The Netherlands ◽  
Language Policy ◽  
Minority Groups ◽  
Mother Tongue ◽  
Language Education ◽  
Point Of View ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Eu Member States

The European Union encourages all its citizens to be able to speak two languages in addition to their mother tongue. However, since the content of educational systems is the responsibility of individual member states, promoting multilingualism depends on the language policy of each member state. Still, countries may learn from practices and experiences in other countries. The similarities and differences between two case studies may be instructive from that point of view. In this paper, language policy and language education in two EU member states are compared with each other: the Netherlands on the one hand and Romania on the other. Questions that will be raised are: what are the linguistic rights of the minority groups, which languages are taught to whom, and to which degree is multilingualism an issue in both countries? Despite differences between the two countries, some striking similarities are observed.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

Minority Rights, Multiculturalism and the Roma of Europe

2007 ◽  
Vol 76 (4) ◽  
pp. 363-406 ◽  
Author(s):  
William Barth
Keyword(s):  
Human Rights ◽  
Political Theory ◽  
Minority Groups ◽  
Geographical Location ◽  
Minority Rights ◽  
Cultural Development ◽  
European Convention ◽  
The European Union ◽  
Normative Claim ◽  
Roma Population

AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.

Fundamental Rights and the United Nations Financial Sanction Regime: The Kadi and Yusuf Judgments of the Court of First Instance of the European Communities

2006 ◽  
Vol 19 (3) ◽  
pp. 753-772 ◽  
Author(s):  
MIELLE BULTERMAN
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Reasoning ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Community Regulation ◽  
Court Of First Instance ◽  
Right Of Access

Under the UN sanctions regime of Resolution 1267, UN member states are obliged to freeze the assets of persons and entities which are associated with Usama bin Laden, and which therefore reason have been listed by the UN. Within the European Union this ‘UN sanctions list’ is implemented by means of a Community regulation, having direct effect in all EU member states. The regulation was challenged by several individuals and an organization, which were added to the UN sanctions list on the basis of their association with al Qaeda. The regulation was challenged on two grounds. First, the applicants claimed that the Community did not have the competence to adopt the contested regulation. In the second place, the applicants claimed that the Community regulation infringed their human rights (right to property, right of access to court). Thus the CFI was asked to determine to what extent it is competent indirectly to review measures adopted under the UN Charter. This delicate legal question is answered in a lengthy judgment, the legal reasoning of which is not always convincing.

Migrant mobilities in Europe: Comparing Turkish to Romanian migrants

2015 ◽  
Vol 12 (3) ◽  
pp. 315-326 ◽  
Author(s):  
Steffen Pötzschke
Keyword(s):  
European Union ◽  
Common Sense ◽  
The European Union ◽  
Considerable Part ◽  
Member States ◽  
Eu Member States ◽  
Turkish Migrants ◽  
European Citizenship ◽  
Transnational Activities ◽  
The Eu

Besides huge differences in attitudes towards the European Union (EU), it seems to be common sense in nearly all strata of EU member states’ societies that the EU created a common and seemingly borderless space of mobility for its inhabitants. Sometimes this characteristic is not only the first positive thing that comes to people’s mind when asked about the Union but also the only one. This paper investigates to which extend Turkish migrants as third-country citizens residing in EU member states make use of this mobility space in a physical and non-physical manner. Data on Romanian migrants is used to contrast these findings. The analysis builds on recent survey data on transnational activities of migrants and nationals in six EU member states (Denmark, Germany, Italy, Romania, Spain and United Kingdom) collected by the EUCROSS study. It is found that a considerable part of the interviewed Turkish migrants visited other EU member states recently, but that, nevertheless, intra-EU mobility is less common in their case than for migrants from Romania. However, this difference can neither exclusively nor mainly be explained by the absence of European citizenship or by the residence within or outside the Schengen space.

scholarly journals The Permissibility of Limiting Rights and Freedoms in the European and National Legal System Due to Health Protection

2020 ◽  
Vol 42 (3) ◽  
pp. 51-89
Author(s):  
Robert Krzysztof Tabaszewski
Keyword(s):  
Public Health ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Universal System ◽  
Human Rights Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
Correct Application

The article concerns the permissibility of limiting human rights and freedoms in European and national systems due to the protection of individual and public health. The author's goal was to analyse the current practice of states in the application of human rights limitation clauses in the European system of human rights protection. This is an important issue because the practice of limitation and margin of appreciation enjoyed by the member states of the Council of Europe is subject to scrutiny by means of complaints addressed to the European Court of Human Rights in Strasbourg, which examines the correct application of individual limitation clauses contained in the 1950 Convention. Human health is one of the main prerequisites for which it is possible to limit other human rights and freedoms. In the context of numerous epidemiological threats and natural disasters of a cross-border nature, assessing rights and freedoms becomes one of the most important issues in the field of public international law, constitutional law and public health law. Against the background of existing solutions in the universal system, the practice of the member states of the European Union and the Council of Europe was examined by comparing it with the views of the doctrine and the results of my research.

scholarly journals Protection against violence and discrimination: The case of Roma victims in member states of the council of Europe

Temida ◽  
2016 ◽  
Vol 19 (1) ◽  
pp. 5-24 ◽  
Author(s):  
Axelle Reiter
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
National Level ◽  
Council Of Europe ◽  
Protective Measures ◽  
Member States ◽  
Structural Problems ◽  
European Court ◽  
International Monitoring

This article focuses on the key role and contribution of the European Court of Human Rights (ECHR) in protecting the rights of Roma against systemic patterns of violence and discrimination. It investigates the suitability of individual applications in front of international monitoring organs as a litigation strategy to address structural problems emerging at the national level, such as widespread attacks against members of vulnerable minority groups, and puts forward that this strategy has demonstrated to be successful in the case of Roma. The analysis shows that complaints introduced before the ECHR have at the same time helped in providing redress to individual victims, uncovering patterns of systemic abuses, offering solutions to prevent their resurgence, effectively encouraging the adoption of protective measures domestically, and developing the competences of international supervisory mechanisms. As such, it constitutes the most effective avenue so far to right those societal wrongs.

scholarly journals The European Union and Education for Democratic Citizenship

2020 ◽  
Author(s):  
Kris Grimonprez
Keyword(s):  
Legal Framework ◽  
Democratic Citizenship ◽  
Quality Education ◽  
Eu Law ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
Legal Competence ◽  
The Eu

The study makes an analysis of the legal framework which Member States must take into account when designing their policies on citizenship education. The Charter on Education for Democratic Citizenship and Human Rights Education of the Council of Europe and the international right to education are read in conjunction with EU law. Suitable content for the EU dimension in mainstream education is explored. A method for objective, critical and pluralistic EU learning is proposed, based on the Treaties and on case teaching (stories for critical thinking). Member States are invited to take more action to ensure quality education. The EU has the legal competence to support the EU dimension in education. In the present state of EU law, quality education is no longer conceivable without an EU dimension incorporated in various key competences. At present the author works at the implementation of the ideas developed in the book as an Affiliated Senior Researcher at Leuven University (Case4EU-project in Belgium and other EU Member States).

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