Abstract
This chapter wraps up the discussions on ethnic data collection and positive action for Roma in Europe by summarising the main findings of the book and by making suggestions on how to move forward. Despite their long-term presence in Europe and the achievement of legal equality following the introduction of anti-discrimination legislation and human rights norms, an overwhelming number of Roma remain on the margins of European society due to persistent discrimination and high levels of socio-economic exclusion. The achievement of real and long-term changes is hindered because ethnic data collection and positive action are currently often missing in national policies that aim to improve this ethnic minority’s situation. First, the author looks back at the discussions on the legal feasibility and practical application of ethnic data collection and positive action to combat the discrimination against, and promote the inclusion of, Roma in Europe. Next, this chapter identifies three indispensable elements—awareness-raising, active participation, and genuine political will—that must be in place when using this human rights tool and instrument. The author also formulates several recommendations to EU legislators and policymakers. Some final remarks on trust round up this chapter, and so also this book.
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Notes
- 1.
Section 12.2 will address the need for awareness-raising, active participation and genuine political will.
- 2.
The main findings of the book on positive action will be summarised in Sect. 12.1.2.
- 3.
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (28 January 1981), including changes introduced by the Protocol amending Convention 108 (18 May 2018). Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (27 April 2016).
- 4.
It concerns: (1) lawfulness; (2) fairness; (3) transparency; (4) purpose limitation; (5) data minimisation; (6) data accuracy; (7) storage limitation; (8) data security; and (9) accountability.
- 5.
National law can exclude this option.
- 6.
This requires a basis in EU or national law and appropriate safeguards.
- 7.
This argument is based on the argument formulated by Professor Philip Alston. See: End-of-mission statement on Romania, by Professor Philip Alston, United Nations Human Rights Council Special Rapporteur on extreme poverty and human rights (11 November 2015).
- 8.
It concerns: (1) the eradication of discrimination through regular reviews of policies and procedures; (2) facially neutral but purposefully inclusive policies that rely on general criteria to give special consideration to particular groups; (3) outreach measures that use group membership to sensitise members of disadvantaged groups about certain opportunities and services; and (4) facially biased diversity policies that include soft targets to increase the participation of under-represented groups.
- 9.
It concerns: (1) individual outreach, for instance by setting aside places for training for members of under-represented groups; (2) preferential treatment, which can be attributed by considering a protected characteristic as (a) a plus-factor, (b) the deciding factor in tiebreak situations, or (c) the only factor in decision-making processes (strict quota); (3) the redefinition of merit, meaning that group membership becomes a job-related qualification.
- 10.
This book considered the International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965), the Convention on the Elimination of All Forms of Discrimination against Women (18 December 1979), the International Covenant on Civil and Political Rights (16 December 1966), and the International Covenant on Economic, Social and Cultural Rights (16 December 1966).
- 11.
Revised European Social Charter (3 May 1996).
- 12.
Framework Convention for the Protection of National Minorities (1 February 1995).
- 13.
Within the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms (4 November 1950), the European Court of Human Rights has yet to rule directly upon the validity of positive action, but its anti-discrimination case law appears permissive towards this human rights instrument.
- 14.
The scope of application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (29 June 2000) (RED) extends beyond employment and also covers—among others—the areas of education, housing and healthcare.
- 15.
This recommendation was originally formulated by Kostadinova (2006, p. 8). The author suggested some different changes to the wording of art. 5 RED.
- 16.
The recognition of positive action in the Charter of Fundamental Rights of the European Union (7 December 2000) (CFEU) is currently limited to the promotion of gender equality (see art. 23). As stipulated in art. 21.1, The CFEU prohibits “(a)ny discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation”. This recommendation was originally formulated by Ramos Martín (2013, pp. 20 and 29).
- 17.
- 18.
Art. 3.3 Treaty on European Union (Consolidated version) stipulates that the Union “shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child”. Art. 8 Treaty on the Functioning of the European Union (Consolidated version) states that “(i)n all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women”. This recommendation has been made by various authors, including: Chopin et al. (2013), p. 19. Hollo (2006), pp. 6 and 7. Kostadinova (2006), pp. 1, 2, 5 and 8.
- 19.
RED, art. 5.
- 20.
See Sect. 12.1.2 on the main findings of this book on positive action for Roma.
- 21.
Trust was mentioned, among others, in Chap. 3 (Sects. 3.4.1, 3.4.3, 3.4.9, 3.7.1 and 3.7.4) when discussing the applicable data protection rules and principles, Chap. 4 (Sects. 4.4.3 and 4.5.2.2) on the methods involved in ethnic data collection, Chap. 5 (Sects. 5.1, 5.7.2 and 5.8.1) regarding the fear of misuse of data against Roma, and throughout Chap. 11 on inter-cultural mediation.
- 22.
References
Legal Instruments
United Nations
Convention on the Elimination of All Forms of Discrimination against Women (18 December 1979) UNTS vol. 1249, 13
International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965) UNTS vol. 660, 195
International Covenant on Civil and Political Rights (16 December 1966) UNTS vol. 999, 171
International Covenant on Economic, Social and Cultural Rights (16 December 1966) UNTS vol. 993, 3
Council of Europe
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (28 January 1981) ETS 108
European Convention for the Protection of Human Rights and Fundamental Freedoms (4 November 1950) ETS 5
Framework Convention for the Protection of National Minorities (1 February 1995) ETS 157
Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (10 October 2018) ETS 223
Revised European Social Charter (3 May 1996) ETS 163
European Union
Charter of Fundamental Rights of the European Union (7 December 2000) OJ 2000/C 364/01
Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (29 June 2000) OJ 2000/L 180/22
Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (27 April 2016) OJ 2016/L 119/1
Treaty on European Union (Consolidated version) OJ 2008/C 155/13
Treaty on the Functioning of the European Union (Consolidated version) OJ 2012/C 326/47
Non-legally Binding Instruments
United Nations
End-of-mission statement on Romania, by Professor Philip Alston, United Nations Human Rights Council Special Rapporteur on extreme poverty and human rights (11 November 2015). Available via OHCHR. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16737&LangID. Accessed 7 May 2019
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Van Caeneghem, J. (2019). Final Conclusions and Recommendations. In: Legal Aspects of Ethnic Data Collection and Positive Action. Springer, Cham. https://doi.org/10.1007/978-3-030-23668-7_12
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