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Lingurar v Romania (third-party intervention, pending)

15 December 2015

Facts

The applicants are members of a Roma family who were badly beaten by police officers and gendarmes who forced their way into their home. The applicants filed criminal charges against the officers. The prosecutor initially decided not to bring charges, but was ordered by a court to reconsider the case. After a second set of investigations, the prosecutor again decided not to prosecute those responsible; this second decision was upheld by the courts.

The ERRC’s Intervention

The ERRC was granted permission to submit a third-party intervention in the case.

The ERRC urged the Court explicitly to acknowledge the phenomenon of anti-Gypsyism as underlying the problem of racist violence against Roma. The ERRC stressed that the definition of anti-Gypsyism encompasses institutional racism. The ERRC then set out the scope of the problem of racist violence against Roma in Europe. The ERRC relied on a widely-recognised definition of institutional racism (“the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin”) and surveyed recent evidence that the national bodies in Romania responsible for protecting Roma against violence suffer from institutional racism. The ERRC urged the Court to integrate the notion of institutional anti-Gypsyism into its analysis of whether there has been a violation of Article 14 taken with the procedural limb of Article 2 or 3 in cases concerning violence against Roma. In addition to or instead of addressing the question of whether an investigation failed to unmask racist motives, the ERRC argued that the Court should ask whether an investigation into anti-Roma violence was ineffective due to institutional racism (i.e. due to a failure to provide and appropriate and professional service to Roma) and, if so, find a violation on that broader basis. The ERRC encouraged the Court to consider both the absence of appropriate mechanisms for monitoring hate crimes, and the implicit or explicit adoption of anti-Roma stereotypes by the authorities, when carrying out this exercise in relation to cases in Romania.

The statement of facts in the case can be found here.

The ERRC’s third-party intervention can be found here.

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ERRC submission to UN HRC on Hungary (February 2018)

14 February 2018

Written Comments of the European Roma Rights Centre concerning Hungary to the UN Human Rights Committee for consideration at its 122nd session (12 Narch - 6 April 2018).

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The Fragility of Professional Competence: A Preliminary Account of Child Protection Practice with Romani and Traveller Children in England

24 January 2018

Romani and Traveller children in England are much more likely to be taken into state care than the majority population, and the numbers are rising. Between 2009 and 2016 the number of Irish Travellers in care has risen by 400% and the number of Romani children has risen 933%. The increases are not consistent with national trends, and when compared to population data, suggest that Romani and Traveller children living in the UK could be 3 times more likely be taken into public care than any other child. 

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Families Divided: Romani and Egyptian Children in Albanian Institutions

21 November 2017

There’s a high percentage of Romani and Egyptian children in children’s homes in Albania – a disproportionate number. These children are often put into institutions because of poverty, and then find it impossible ever to return to their families. Because of centuries of discrimination Roma and Egyptians in Albania are less likely to live in adequate housing, less likely to be employed and more likely to feel the effects of extreme poverty.

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