The Potential of Positive Obligations Against Romaphobic Attitudes and in the Development of ‘Roma Pride’

17 Pages Posted: 1 Dec 2020

See all articles by Lilla Farkas

Lilla Farkas

European University Institute

Theodoros Alexandridis

affiliation not provided to SSRN

Date Written: November 25, 2020

Abstract

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.

Keywords: Roma, Travellers, positive obligations, segregation, culturally adequate accommodation

Suggested Citation

Farkas, Lilla and Alexandridis, Theodoros, The Potential of Positive Obligations Against Romaphobic Attitudes and in the Development of ‘Roma Pride’ (November 25, 2020). Erasmus Law Review, Vol. 13, No. 3, 2020, Available at SSRN: https://ssrn.com/abstract=3737536

Lilla Farkas (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

Theodoros Alexandridis

affiliation not provided to SSRN

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