Segregation of Roma Children in Education

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

Van den Bogaert, Sina

Brill

12/2018

558

Dura

Inglês

9789004354197

15 a 20 dias

Descrição não disponível.
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, Orsus 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 Orsus case, the Horvath and Kiss case, the Lavida case and the Kosa 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