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.

Intro -- 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 -- Copyright -- Contents -- Acknowledgments -- Abbreviations -- Table of Cases -- Introduction -- 1 The Roma -- 1 Introduction -- 2 Who are the Roma? Homeland, Migration, Nomadism and Self-Designation -- 3 The Roma - A Minority with its Own Specific Features -- 4 Conclusions under Chapter 1 -- 2 Education as a Key to Inclusion and as an Indispensable Means of Realizing Other Human Rights -- 1 Introduction -- 2 Problems Faced by Roma Children in Education -- 3 The Importance of Education: Education as a Means of Integration and Effective Participation in Society -- 4 Challenging the 'Separate but Equal' Doctrine by Challenging Segregation in Education: Education as a Backbone for Integration in the United States -- 5 International and Regional Standards of International Law Applicable in Cases of Segregation in Education -- 6 Synergies between the Human Rights and Economic Efficiency Agendas -- 7 Conclusions under Chapter 2 -- 3 A Critical Stance towards the Human Rights and Minority Rights Approach in the Case of the Roma -- 1 Introduction -- 2 Human Rights, Minority Rights and Non-Discrimination Rights -- 3 Excursus: Disparities in the Attitude towards the Roma in Eastern and Western Europe - Can Western Models of Minority Rights be exported to Central Eastern Europe? -- 4 Different Conceptions of Romani Identity: A Sceptical Appraisal of the Minority Rights Discourse from a Sociological Perspective -- 5 The Minority Rights Discourse and the Paradox of Identity Politics -- 6 Strategies for Making the Minority Rights Discourse Work -- 7 Conclusions under Chapter 3.

4 An 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 -- 1 Introduction -- 2 An Introduction to the Framework Convention for the Protection of National Minorities -- 3 The FCNM as an Integral Part of International Human Rights Instruments -- 4 Evaluating 'Added Value' as a Criterion for Success -- 5 An Introduction to the Racial Equality Directive -- 6 The Racial Equality Directive in the Light of International Non-Discrimination Standards -- 7 Conclusions under Chapter 4 -- 5 The Roma as a National Minority in the Light of the Framework Convention for the Protection of National Minorities -- 1 Introduction -- 2 Do the Roma Fall into the Personal Scope of Application of the FCNM? -- 3 Declarations are Objectable -- 4 Recent Developments Regarding Albania -- 5 Conclusions under Chapter 5 -- 6 The Roma as a Dual Racial and Ethnic Minority in the Light of the Racial Equality Directive -- 1 Introduction -- 2 Do the Roma Fall into the Personal Scope of Application of the Racial Equality Directive? -- 3 Conclusions under Chapter 6 -- 7 The Right to Education under the Framework Convention for the Protection of National Minorities: Theoretical Framework -- 1 Introduction -- 2 A Wide Understanding of the Notion of Education under the FCNM -- 3 An Analysis of the Relevant Provisions of the FCNM -- 4 Thematic Commentary on Education -- 5 Conclusions under Chapter 7 -- 8 The Material Scope of the Racial Equality Directive in the Field of Education and the Concept of Discrimination under the Racial Equality Directive -- 1 Introduction -- 2 The Material Scope of the Racial Equality Directive: The Forms of Education Covered by the Racial Equality Directive.

3 The Meaning of Discrimination under the Racial Equality Directive -- 4 Conclusions under Chapter 8 -- 9 The 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. -- 1 Introduction -- 2 On the Relation between the FCNM and the ECHR -- 3 On the Relation between the Racial Equality Directive and ECtHR Jurisprudence -- 4 An 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, and the Lavida case -- 5 Differences in the CJEU Case Law Compared to the ECtHR Jurisprudence related to Objective Justification in Discrimination Cases -- 6 The Potential of Both the ECtHR and the CJEU Jurisprudence in the Fight against Structural Discrimination of the Roma in Education -- 7 Conclusions under Chapter 9 -- 10 Case Study -- 1 Introduction -- 2 Case Study on the Czech Republic and Germany: Justification for the Choice of States -- 3 Case Study on the Czech Republic -- 4 Case Study on Germany -- 5 Situation in other EU Member States -- 6 Conclusions under Chapter 10 -- 11 Recent Roma Policy Initiatives at the Council of Europe and at the European Union -- 1 Introduction -- 2 Recent Policy Initiatives at the EU Level: the Platform on Roma Inclusion, the Platform against Poverty and Social Exclusion, and the EU Framework for National Roma Integration Strategies up to 2020 -- 3 Recent Policy Initiatives at the Council of Europe since the Strasbourg Declaration -- 4 Cooperation Initiatives between the EU and the Council of Europe in the Field of Roma Rights Protection -- 5 Conclusions under Chapter 11 -- 12 The Added Value of the FCNM in the Field of Roma Education -- 1 Introduction.

2 More than a Fig-Leave Exercise: The FCNM as an All-encompassing Legally Binding Tool in Protecting Roma Educational Rights -- 3 Reach and Scope -- 4 The Added Value of the FCNM versus the Racial Equality Directive -- 5 Conclusions under Chapter 12 -- 13 The Added Value of the Racial Equality Directive in the Field of Roma Education -- 1 Introduction -- 2 Lack of Ethnically Disaggregated Data and Statistics -- 3 Added Value Compared to Other Existing International Human Rights Instruments Due to its Concrete Enforcement Provisions -- 4 The Contribution of the Racial Equality Directive and the EU as a Whole to the Implementation of the FCNM -- 5 Cross-references and Synergies between the FCNM Monitoring System and the Monitoring of the Implementation of the Racial Equality Directive -- 6 Areas Where the Racial Equality Directive Falls Short of Providing Full Protection -- 7 Need for a Specific Roma Integration Directive? -- 8 The Racial Equality Directive in the Context of the EU Framework for National Roma Integration Strategies up to 2020 -- 9 Conclusions under Chapter 13 -- 14 The 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 -- 1 Introduction -- 2 FCNM: Suggestions for Improvement -- 3 Racial Equality Directive: Suggestions for Improvement -- 4 An Enhanced Cooperation between the EU and the Council of Europe in the Field of Roma Rights Protection -- 5 Conclusions under Chapter 14 -- Conclusions -- Bibliography -- Index.

In Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.