https://ecpr.eu/Filestore/PaperProposal/bc37f19f-a31e-4c91-b155-d382d1bd2043.pdf
A blogot azoknak ajánlom akik a roma/cigány és egyéb kisebbség iránt érdeklődnek, és szeretik az interdiszciplináris témákat! Akiket érdekel a társadalmi befogadás, az oktatás és a sokszínűség. aki szereti komplexen látni egy csoport életét. by Andrea Annamaria Duka
2019. október 17., csütörtök
Roma Identity and Ethnic Mobilisation in Central European Politics
https://ecpr.eu/Filestore/PaperProposal/bc37f19f-a31e-4c91-b155-d382d1bd2043.pdf
2019. október 16., szerda
The decline of infant and child mortality among Spanish Gitanos or Calé (1871−2005): A microdemographic study in Andalusia
https://www.demographic-research.org/volumes/vol36/33/36-33.pdf
The decline of infant and child mortality among Spanish Gitanos or Calé (1871−2005): A microdemographic study in Andalusia
Juan F. Gamella1
Elisa Martín Carrasco-Muñoz2
Abstract
BACKGROUND
Most Romani groups in Europe have experienced a decline in childhood mortality
during recent decades. These crucial transformations are rarely addressed in research or
public policy.
OBJECTIVE
This paper analyzes the timing and structure of the decline of childhood mortality
among the Gitano people of Spain.
METHODS
The paper is based on the family and genealogy reconstitution of the Gitano population
of 22 contiguous localities in Southern Spain. Registry data from over 19,100 people
and 3,501 reconstituted families was included in a dense genealogical grid ranging over
150 years. From this database we produced annual time series of infant and child
mortality and of the registered causes of death from 1871 to 2005.
RESULTS
The analyzed data shows a rapid decline in infant and child mortality from about 1949
to 1970. The onset of the definitive decline occurred in the late 1940s and early 1950s.
Child mortality was higher in the pre-transitional period and started to decline earlier,
although it took longer to converge with majority rates. The mortality transition in the
Gitano minority paralleled that of the dominant majority, but with important delays and
higher mortality rates. The causes of death show the deprivation suffered by Gitano
people.
CONCLUSIONS
The childhood mortality decline facilitated the most important changes experienced
recently by the Gitano minority, including its fertility transition and the transformation
of Gitanos’ gender and family systems.
CONTRIBUTION
This is one of the first historical reconstructions of the mortality transition of a Romani
population.
1. Introduction
The Gitanos or Calé of Spain are an ethnic minority related to the other Romani groups
in Europe and America. Notwithstanding their common remote origin, Romani groups
have adapted to the surrounding societies in all the regions where they have lived and
present considerable sociocultural heterogeneity (Matras 2015; Piasere 2004; Fraser
1992). The Gitanos seem to descend from the first migratory waves of Romani groups
into Western Europe, which were documented in the 15th century (Pym 2007; Leblon
1985). Their customs and life patterns are the product of a long coexistence with local
Spanish populations, often marked by persecution, forced assimilation, and
discrimination, but also by cooperation, hybridization, and by their creative
appropriation of majority customs (Gómez Alfaro 1993, 1999; Leblon 2003; Gamella,
Gómez Alfaro, and Pérez 2014).
In the democratic and decentralized regime developed after the end of Franco’s
dictatorship, Gitanos have gained access to free and universal health care, public
education, pensions, and housing benefits. This has induced a remarkable process of
social integration and cultural convergence with their Payo (non-Gitano) neighbors.
Nevertheless, most Gitano groups have preserved a vibrant sense of themselves as a
distinct cultural group, and have developed new forms of reaffirmation, resistance, and
mobilization in cultural, religious, and political realms (San Román 1997; Gay Blasco
1999; Cantón et al. 2004; Mirga 2014; Gamella, Fernández, and Adiego 2015).
Arguably, the most far-reaching transformation experienced by the Gitano people
of Spain in the 20th century was the dramatic fall in their infant and child mortality
patterns. Almost all newborn Gitano children survive today, whereas in 1950 about 200
per 1,000 died before their fifth birthday.3
The change is even more pronounced compared to previous decades: in the mid-1920s the risk of a Gitano child dying in
childhood was about sixty times greater than in the early years of the 21st century (see
Tables 1 and 2 below, and Gamella, Martín, and Quesada 20144
). The improvements in
child survival induced an unprecedented population growth that multiplied the size of
the Calé population. In turn, this demographic expansion led to an intense Gitano
migration from Andalusia and Extremadura to other more prosperous and industrialized
regions of Spain and, later, to other European countries. These movements and
resettlements altered the geographic distribution of Gitanos and therefore affected the
identity of the new generations of Calé. Moreover, the drop in childhood mortality
facilitated a decline in fertility that became generalized from the late 1980s. The
intentional control and reduction of fertility is completing the distinct demographic
transition of this minority. This process has enormous consequences for the entire
Gitano community, including consequences that are rarely considered in reviews of the
demographic transition (Lee and Reher 2011): convergence with the majority
population and an increase in intermarriage.
Ultimately, as the burden of reproduction falls disproportionately on women,
widespread child survival has had crucial long-term effects on the lives of Gitano
women and on the gender arrangements within the group.
1.1 The death of Gitano children
For centuries the recurrent death of children was a common experience in the homes of
Gitano people. This tragic reality often emerges both in the discourse of Calé women
themselves (Gamella 2000, 2011) and in any cursory view of the corresponding civil
and parish records. Infant and child mortality was also common among the majority
population in Spain, but the higher fertility rates of Gitano women resulted in more
early deaths per mother. In our records there are many instances of Gitano women that
suffered the loss of a very high number of children.
For instance, Salvadora B. was a Gitano woman born in the city of Guadix in
1852. In our review of the civil registries of Guadix and neighboring towns we found
records of 11 children born to Salvadora in the 21-year period between 1871 and 1892.
Eight of these children died before their third birthday. Surprisingly, when Salvadora’s
husband, Juan, died at 48, his death certificate stated that he “was single, although for many years had lived as a married couple with Salvadora B. … [the] union of which
resulted in three surviving children”.5
In the winter of 1924 Salvadora died from
exposure. She was 72 and lived in a cave in miserable conditions. The civil and parish
records contain traces of the dramatic life of this woman, whose common law marriage
was not officially recognized and who was listed as castellana nueva (the official
euphemism for Gitanos) in several entries. Therefore, the registered side of Salvadora’s
biography reflects the bureaucratic ideology that stressed the separate ethnic identity of
Gitanos while at the same time ignoring their own cultural definitions of marriage and
relatedness. In the following decades Salvadora’s three surviving children registered 28
children themselves, of whom 15 died in childhood or adolescence. Hence, of
Salvadora’s 39 children and grandchildren, only 41% lived long enough to marry and
reproduce. Nevertheless, in our genealogical reconstitution we found 576 direct
descendants of Salvadora, most of them alive today. Hence, the lives of Salvadora and
her descendants show how the loss of many children was a common experience for
Gitano women until fairly recently, but also how successful their reproductive strategies
have been despite this loss.
Even if it goes unnoticed by the world at large, the death of a child usually deals a
terrible emotional and physical blow to the mourning parents. Today many Gitano
women still cry when they remember the death of a child that occurred decades ago,
and they still clearly remember the circumstances, symptoms, and events as they
unfolded to their tragic end. Many women can also tell the stories of the deaths of their
infant siblings based on their own or their relatives’ recollections. These narratives offer
important sources of either confirmation or rebuttal of the archival data we gathered.
Given the omnipresence of this crucial issue in the consciousness of Gitano women, it
is surprising it has not received more scholarly attention and scrutiny.
1.2 Objectives
In this paper we will assess the structural dynamics of the decline in infant (under 1
year of age) and child (under 5 years of age) mortality of the Gitano people of 22
contiguous communities in the province of Granada in Southern Spain. We will use
mostly records kept by the Civil Registry since its inception in 1871, but our analysis
will concentrate on the period beginning in 1920 when the available data becomes more
reliable.
This paper will provide a model of the infant and early childhood mortality
transition in the Gitano community, including the timing of the onset of definitive decline, the intensity of change, the main phases of the process, and the relative growth
in neonatal deaths. We will also compare our results to data reflecting both the entire
province and the Spanish population at large.
Our model also includes data on the causes of child deaths as they were recorded
in the researched archives, and tracks the changes in these diagnoses over time. The
causes of death offer key insights into the underlying social determinants that affected
the survival of children from the most underprivileged families.
This study aims to situate the mortality transition of Spanish Gitanos in its social,
political, and epidemiological context, and hence facilitate the analysis of the main
“factors responsible for this ‘secular’ and seemingly irreversible decline” (Corsini and
Viazzo 1997: xiii).
1.3 A gap in Romani studies
This study contributes to filling a gap in Romani Studies. The dominant representations
of Romani groups have ignored the evolution of childhood mortality, as well as other
key demographic transformations. This is especially remarkable considering that
demographic differences are among the most salient aspects of the ethno-cultural
contrast between Romani populations and mainstream majorities everywhere.
Particularly, in the best ethnographic monographs available, little or no attention is
paid to the issue of the death of children, even when the experience, celebration, and
commemoration of death is a crucial topic in these works (Sutherland 1975; Okely
1983; Williams 1993; Stewart 1997; Engebrigtsen 2007).
Nevertheless, the decline in infant and child mortality also seems to have occurred
in other countries of Central and Eastern Europe, such as Romania, Hungary, Slovakia,
and Bulgaria, which have large and varied Romani populations (see Ladányi and
Szlényi 2006; Scheffel 2005; Kohler and Preston 2011; Burlea 2012). However, we do
not know much about it, or how these processes have diverged from those occurring
among neighboring majority populations.
References to infant and child mortality are scattered throughout publications
concerning health status and access to health care, or surveys on living conditions and
official demographic data (Cook et al. 2013; Ringold, Orentstein, and Wilkens 2005;
Kalibová 1993, 2000; Costarelli 1993). Most of the studies are cross-sectional. For
instance, some studies compare mortality rates across a particular country and
recurrently find much higher rates of infant mortality in the regions where Roma
populations are concentrated (Rychtaříková and Dzúrová 1992: 630) and in urban
neighborhoods with a high proportion of Roma residents (Rosicova et al. 2011:
526−528). Recently, Kohler and Preston (2011) made an important analysis of differential mortality patterns among religious and ethnic groups in Bulgaria, using
nominal data in 1990s’ censuses. However, their analyses “were restricted to the
noninstitutionalized adult population aged 20 and over” and thus they “avoided
potential problems in measuring mortality of children in the census-based data set”
(Kohler and Preston 2011: 93).
In the rapidly increasing literature on Romani groups, very few publications are
devoted to childhood mortality, much less from a historical perspective. Childhood
mortality is rarely treated as a key variable in other epidemiological, social, and
economic transformations. Even in important papers on the anthropological
demography of Romani groups there are no references to infant mortality (Durst 2010,
2002). One important exception can be found in the work of Ladányi and Szlényi, who
studied the transformation of a village in northeastern Hungary from a multiethnic
peasant village into a segregated Roma ghetto, and were able to collect demographic
data of considerable quality and detail for 1857 to 2000. They also were able to follow
the long-term evolution of infant mortality and its major shifts, concluding “the
dramatic decline in infant mortality between 1951−1988 was one of the most
spectacular achievements of socialist policy. The success of these policies places the
blame for high rates of Gypsy infant mortality squarely on the shoulders of pre-war
public health authorities” (Ladányi and Szlényi 2006: 67). This study proves that local
registry data often includes Romani people and can provide extraordinary results if
studied patiently and in an integrated form. However, historical studies such as this are
rare.
In sum, the literature on the demographic history of Romani peoples is very
limited in scale and content and demographic concepts and models have been ignored
by most historical or cultural studies of these groups. Their potential, however, is
obvious, both in terms of theory construction and in the analysis and design of public
policy.
2. Methods and data sources
The study of the history of infant and child mortality presents severe technical
difficulties and data problems even for larger and better-known populations (Corsini
and Viazzo 1997; Schofield, Reher, and Bideau 1991). Regarding Spanish Gitanos,
some historical developments compound the task. First, a Royal Order in 1783
prohibited references to the ethnic identity of Gitano people in Spanish public records.
This interdiction was followed, albeit irregularly,6
and for the last two centuries there is
no aggregated official data that can be used for the demographic study of this minority.
ggregated official data that can be used for the demographic study of this minority.
Secondly, the relatively small Gitano population has been dispersed in numerous
localities in all regions where they have lived. For instance, in 1785 the last available
census of the whole Gitano population gathered data on about 12,500 persons living in
over 650 localities in almost all Spanish regions (Gamella, Gómez Alfaro, and Pérez
2014). Today the roughly half a million Gitanos live in more than 1,000 villages, towns,
and cities all over Spain (Fundación Secretariado Gitano 2008).
Thirdly, most experts have assumed that Gitano families did not register the births
or deaths of their dear ones until very recently (see, for instance, San Román 1997;
Ramírez Heredia 2005). This assumption was in line with the popular misrepresentation
of Romani groups as essential nomads; that is, people who maintained weak and
uncertain links with their places of birth and residence. Contrary to this assumption, we
have found that Gitano families have been registering their births, deaths, and official
marriages in the parish registers of Andalusia since the beginning of the 18th century,
and often before.7
This practice was reinforced by the establishment of the Civil
Registry in 1871, and became commonplace in the 20th century. Some underregistration, however, was common in the first decades of the functioning of the Civil
Registry. Under-registration of infant deaths among the Gitano people may have been
important at least until the second decade of the 20th century. On the other hand,
common law marriages by ‘Gitano law’ were obviously not registered until they were
sanctioned by Catholic and civil authorities, a process that increased during the 20th
Century (Martín and Gamella 2005).
In a previous paper we have described the methodological and technical strategies
followed in our genealogical and familial reconstruction. Readers are referred to that
paper (Gamella, Martín, and Quesada 2014). Below we summarize its main points.
2.1 Gitano identity and identification processes
....
MULTIPLE INDICATOR CLUSTER SURVEY BOSNIA AND HERZEGOVINA ROMA SURVEY 2011-2012
https://mics.unicef.org/files?job=W1siZiIsIjIwMTUvMDEvMjcvMDgvNTIvNTgvNDUxL01JQ1M0X0JpSF9Sb21hUG9wX0luZm9ncmFwaGljcy5wZGYiXV0&sha=b0bf1d7cc6a13a2f
MULTIPLE INDICATOR CLUSTER SURVEY BOSNIA AND HERZEGOVINA ROMA SURVEY 2011-2012
Roma Health Report Health status of the Roma population Data collection in the Member States of the European Union
https://ec.europa.eu/health/sites/health/files/social_determinants/docs/2014_roma_health_report_es_en.pdf
Roma Health Report
Health status of the Roma population
Data collection in the Member States
of the European Union
Executive Summary
Introduction
This study was carried out by Matrix Knowledge in collaboration with the Centre for
the Study of Democracy, the European Public Health Alliance and individual national
researchers on behalf of the Consumers, Health and Food Executive Agency and DG
SANCO. The purpose of this report is to provide an evidence-based review of literature
on Roma health, covering 2008-2013 and the following indicators:
1. Mortality and life expectancy
2. Prevalence of major infectious diseases
3. Healthy life styles and related behaviours
4. Access and use of health services and prevention programmes
5. Prevalence of major chronic diseases
6. Health factors related to the role of women in the Roma community
7. Environmental and other socio-economic factors
The methodology used was based on two steps: (i) Desk Research based on the
review of secondary data (a literature review); and (ii) Fieldwork collecting primary
data through semi-structured interviews.
Background and context
There has long been a consensus that compared with the non-Roma population in
Europe Roma have poorer health. The poor health of Roma is closely linked to social
determinants of health. The social inclusion and integration of Roma communities is a
joint responsibility of Member States and the European Union. The Commission
monitors progress made by Member States through the EU Framework for National
Roma Integration Strategies1
. The EU has been also supporting international network
initiatives e.g. Roma Summits and the Decade of Roma Inclusion (2005-2015). The
Enlargement Countries have been encouraged to shape their strategies to support the
integration of Roma (including health) based on Commission Communication of 2011.
Results for better inclusion of the Roma population have been limited2
. In particular,
issues related to health have been only partly addressed.
The first Commission assessment of the NRIS reported some limitations regarding the
possibility of measuring the potential impacts of the stated objectives3
. There is a
need to establish specific targets, attainable goals within the timeframe set and
measureable deliverables through an effective system of monitoring and evaluation of
the implementation of the national policies4
. The second assessment of the
Commission in June 2013 reiterated Member States need to make stronger efforts to set up sound monitoring and evaluation methods to assess the results and impacts of
Roma inclusion measures, including health, in order to enable policy adjustments
when necessary.
....
The European Public Health Alliance (EPHA) is currently undertaking an evidence-based literature review on the Roma life expectancy gap, based on the following indicators:
https://epha.org/wp-content/uploads/2018/10/closing-the-life-expectancy-gap-of-roma-in-europe.pdf
The European Public Health Alliance (EPHA) is currently undertaking an evidence-based literature review on the Roma life expectancy gap, based on the following indicators:
1. Life expectancy gap between Roma and non-Roma 2. Roma children and infant mortality 3. Determinants of life expectancy
The poor state of health in Roma communities is prevalent—and largely ignored—across Europe. Some Roma are completely excluded from health care, while most face hostility and discrimination within healthcare settings. Available literature on Roma and health agrees that:
Roma people suffer from poorer health and unhealthier living conditions compared to majority populations;
• better data is needed to explain the Roma health gap and design better interventions to reduce this gap;
• the poor health of Roma is closely linked to the social determinants of health¹.
Studies have consistently found that Roma health is worse than the health of the majority populations or other ethnic minority groups. Estimated life expectancy for Roma is consistently lower than corresponding national averages. Infant mortality among Roma is estimated to exceed national averages by several percentage points. Roma are less likely to be covered by health insurance. Roma do not appear to enjoy preventive health care on equal footing with non-Roma and instead are more likely to rely on emergency services. Academics and advocates identify inadequate living conditions, poverty, limited education, and pervasive discrimination against Roma by health care professionals and the public as the key reasons for the poor health of Roma².
Like all Europeans, Roma represent patients, caregivers, and families. Yet on average, Roma will die ten - fifteen years earlier than most Europeans. Roma are less likely to be vaccinated, have fewer opportunities for good nutrition, and experience higher rates of illness. In some countries, six times as many of Roma infants do not make it to childhood. If they do, they will have experienced more infections and diseases than other groups living in similar economic conditions³.
In order to identify the Roma life expectancy gap in the literature, a search was carried out using terms such as life expectancy, mortality, early childhood development, infant mortality and determinants. Both qualitative and quantitative studies were included. English and national language published articles were selected. Reports, surveys, statistics, strategy and discussion papers sources were also consulted. Different databases using a combination of specific terms were also searched.
....
https://epha.org/wp-content/uploads/2018/10/closing-the-life-expectancy-gap-of-roma-in-europe.pdf
The European Public Health Alliance (EPHA) is currently undertaking an evidence-based literature review on the Roma life expectancy gap, based on the following indicators:
1. Life expectancy gap between Roma and non-Roma 2. Roma children and infant mortality 3. Determinants of life expectancy
The poor state of health in Roma communities is prevalent—and largely ignored—across Europe. Some Roma are completely excluded from health care, while most face hostility and discrimination within healthcare settings. Available literature on Roma and health agrees that:
Roma people suffer from poorer health and unhealthier living conditions compared to majority populations;
• better data is needed to explain the Roma health gap and design better interventions to reduce this gap;
• the poor health of Roma is closely linked to the social determinants of health¹.
Studies have consistently found that Roma health is worse than the health of the majority populations or other ethnic minority groups. Estimated life expectancy for Roma is consistently lower than corresponding national averages. Infant mortality among Roma is estimated to exceed national averages by several percentage points. Roma are less likely to be covered by health insurance. Roma do not appear to enjoy preventive health care on equal footing with non-Roma and instead are more likely to rely on emergency services. Academics and advocates identify inadequate living conditions, poverty, limited education, and pervasive discrimination against Roma by health care professionals and the public as the key reasons for the poor health of Roma².
Like all Europeans, Roma represent patients, caregivers, and families. Yet on average, Roma will die ten - fifteen years earlier than most Europeans. Roma are less likely to be vaccinated, have fewer opportunities for good nutrition, and experience higher rates of illness. In some countries, six times as many of Roma infants do not make it to childhood. If they do, they will have experienced more infections and diseases than other groups living in similar economic conditions³.
In order to identify the Roma life expectancy gap in the literature, a search was carried out using terms such as life expectancy, mortality, early childhood development, infant mortality and determinants. Both qualitative and quantitative studies were included. English and national language published articles were selected. Reports, surveys, statistics, strategy and discussion papers sources were also consulted. Different databases using a combination of specific terms were also searched.
....
https://epha.org/wp-content/uploads/2018/10/closing-the-life-expectancy-gap-of-roma-in-europe.pdf
Roma children
https://www.unicef.org/bih/en/roma-children
Challenge
According to official estimates, in Bosnia and Herzegovina live between 25,000 and 50,000 Roma people. They are recognized as the largest, most neglected and most vulnerable minority in Bosnia and Herzegovina. They are recognized as the largest, most neglected and most vulnerable minority in Bosnia and Herzegovina and the conditions in which the majority of the Roma families in Bosnia and Herzegovina live can be characterized as a state of chronic, multidimensional poverty.
The gap between the Roma and the majority of the population, in terms of housing, employment, education, and healthcare, is very noticeable, and Roma women are in a particularly difficult situation.
Key indicators for Roma children show that these children are three times more likely to live in poverty than their non-Roma peers, five times more likely to be malnourished and twice as likely to be lagging behind in growth. The enrollment rate in primary school is lower by one third than among the non-Roma population, and the rate of immunization is only four percent compared to 68 percent among the majority of the population.
A Multiple Indicator Survey (MICS) of the Roma population for 2011 and 2012 in Bosnia and Herzegovina has shown that:
- The infant mortality rate among Roma is 24 per 1,000 live-born children, while the likelihood of dying before the age of five 27 per 1,000 live-born children.
- 21 percent of Roma children are of short stature, while eight percent of children are seriously lagging behind in growth.
- Only two percent of Roma children aged between 36 and 59 months are enrolled in organized early childhood education programs, while only four percent Roma children that are enrolled in the first grade of primary school attended pre-school institutions in the previous year.
- Only one-half of Roma children (47 percent) that are old enough to be enrolled in the primary school attend the first grade of primary school.
- Over one-half of Roma children aged between two and 14 years were exposed to some form of psychological or physical punishment by their parents or other adult members of their households.
Solution
UNICEF Bosnia and Herzegovina, in cooperation with its partners, provides support to the Ministry of Human Rights and Refugees in Bosnia and Herzegovina in implementing the Multiple Indicator Survey (MICS) about Roma in cooperation with the Agency for Statistics in Bosnia and Herzegovina.The fourth cycle of the global MICS research in 2011 and 2012 included for the first time a special research on health, nutrition, education, child protection and other indicators related to the lives of Roma in Bosnia and Herzegovina.- As a signatory of the Convention on the Rights of the Child, Bosnia and Herzegovina has committed itself to respecting and guaranteeing the rights of children listed in the Convention without any discrimination in respect of child’s race, color, sex, language, religion, political or other affiliation, national, ethnic or social origin, property status, disability or other status.
- ....
2019. október 3., csütörtök
European Parlament Traineeship
Dreams comes true at the exatct time when you are ready to accept as menthaly and phisicly. Some years ago, my biggest dream was to work at the European parlament. I wanted to work on political level in fild of edication, culture and minority issues. Now Is here! I am here in the same topic :) I true, I did not applyed, I am invited of this opportunity, and I accepted immediatelly without thinking.
Do you know why?
When I sad to my roul model who were that time early in my 20th years (Livia Jaroka), what I wanted to be "when I gow up" :) , in the future and I am interest to policics, and I explained to her, wich kind of topic is close to me, she told me that time: my beautiful, do not do this! You need to be mor stronger and powerful in soul. Go to Universit, learn lot, and lot, go to get practical experiences and be the best professional in your field. After when you are ready we will going to talk about it, again. At that moment, I stoped and I did what she sad me. And after almost 10 years, she asked my cv beside she knows exatly what I did until now. I did not know why she ask my cv, she knows almost everything, but i sent her. The next calling from her was, ok my beautiful, be my trainee and deside what you want. It was surprise, how did its happend.
Now I understund why she sad me, :) She were the only one pe
Everything what I wanted until this time in my life is happend. Everything. I am so lucky and successful and I am so greatful! I wish everyone the same experience what I have. I wish everyone to be brave!
2019. augusztus 1., csütörtök
Strategic Litigation Impacts - ROMA SCHOOL DESEGREGATION
link: https://www.justiceinitiative.org/uploads/5731f49e-92ba-4adf-976f-156dcaaffe7c/strategic-litigation-impacts-roma-school-desegration-20160407.pdf
Strategic Litigation Impacts - ROMA SCHOOL DESEGREGATION
Open Society Justice Initiative
Methodology
This study seeks to contribute to the burgeoning field of strategic litigation, which is
also referred to as public-interest or impact litigation. Using a hybrid of legal analysis,
academic research, and quantitative and qualitative methodologies, this report aims
to assess the varied impacts of strategic litigation and related advocacy efforts on one
issue (Roma school desegregation) in the comparative framework of three Euro-pean
countries (Czech Republic, Hungary, and Greece), all of which fall under the jurisdiction of the European Court of Human Rights. In doing so, the study seeks to
catalyze mutual learning among activists, legal practitioners, and affected individuals,
communi-ties, and affinity groups. The study is intended primarily as an analytical
resource for litigation practitioners and advocates who may consider strategic
litigation—among other tools—as a means to advance human rights protections.
The research seeks to contribute to emerging thinking about strategic litigation
in several ways. It is, to the best of our knowledge, the first multi-country study of
the impact of strategic litigation designed to curb educational discrimination and
segrega-tion on grounds of race. While appreciating the rich and helpful literature on
quantita-tive justice measurements, this largely empirical study does not rely
significantly on quantitative data or attempt to survey the field as such. Nor does it
pretend to apply rigorous scientific techniques, or claim a fully objective perspective.
Rather, this study seeks to explore the complexity of strategic litigation. In doing so, it
acknowledges that strategic litigation may not be the most appropriate tool to
secure change—and that in certain contexts it may even be counter-productive. It is
hoped that this study will prove its value through its sensitivity to nuance and detail,
and the judiciousness of the research approach.
With that aim in mind, this report hopes to add value to the ongoing discourse by
offering an unprecedented 360-degree assessment of the impact of each case described
herein. Over the course of about six months (May–November 2014), a research team of
lawyers, sociologists, and Roma rights advocates sought out the views of a wide range
of interlocutors, asking them to respond to normative questions. (Please see Appendix
A for a list of those questions.) The research team conducted over 100 interviews with
litigants, members of affected communities, government officials, litigators, judges,
rights advocates, teachers, donors, academics and others. The primary research was
conducted principally in July and August 2014 in the Czech Republic by Lucie Fremlová;
in Greece by attorney Dani Maniou; and in Hungary by Roland Ferkovics, a graduate
student and Roma rights advocate. Lead researcher and author-attorney Adriána Zimová
participated in most of the interviews.
In most cases, interviews were conducted in real time, in situ, without outside
observers present, and in the language of the respondent, although sometimes simultaneously interpreted into English. Some additional interviews were conducted by telephone, Skype, and email.
The manuscript was completed in November 2014 and the information is current
as of that date.
Below are some essential questions—and brief answers—relevant to this study:
What is strategic litigation?
Strategic litigation, often also referred to as public interest litigation, impact litigation, or cause lawyering, can be many things. But for the purposes of this study
it may be used to refer to bringing a case before a court with the explicit aim of
positively impacting persons other than the individual complainants before the
court.
What indicators measure impact?
Knowledge of the impacts of strategic litigation—both real and perceived—is
evolving rapidly, thanks to growing interest in strategic litigation’s role in advancing human rights. Benefitting from this discourse, this study is framed around
three principal impact indicators: changes in policy, practice, and mobilization.
Quantitative indicators include the number of Roma students who are attending special (i.e. segregated) schools before and after relevant judgments, and the
number of segregated schools closed. But much of the relevant data are either
flawed or absent, so qualitative indicators have been used to help shed light on
real and perceived impacts.
Who is considered Roma in government data?
Efforts to collect reliable data about the authentic experience of Roma are profoundly complicated by the pervasiveness and severity of anti-Roma discrimination
in Europe—and sometimes by explicit government policy. Fearing discrimination,
ethnic Roma commonly identify themselves as “Hungarian” or “Czech” in public
censuses, leading to substantial under-counting. This poses a fundamental challenge to attempts to quantify the impacts of court-centered action. For example,
since the Greek government does not officially recognize the existence of ethnic
minorities (apart from migrants, such as those fleeing the war in Syria), it is
nearly impossible to measure the number of Roma children attending mainstream Greek schools before and after judgments.
To the greatest extent possible, this study seeks to adhere to principles of
impartiality, even-handedness, intellectual integrity, and rigor. To be sure, the study’s
co-sponsor, the Open Society Foundations (OSF), are avowed advocates of the use of
strategic litigation as a vehicle for social change. Moreover, both OSF and the Roma
Education Fund financially support grassroots efforts to assist Roma communities in
exercising their rights. Some might reason that this study is therefore inherently biased
toward conclusions favorable to the sponsors’ missions.
The study was structured to mitigate any such misperceptions. It was researched
and written by independent experts, rather than staff, and overseen by an advisory group
whose members are unaffiliated with the co-sponsors. In addition, the research process
was designed to garner input from the widest possible spectrum of stakeholders and
observers, including those who have been publicly critical of using strategic litigation to
desegregate Roma schools. This study is born of an authentic desire to understand the
complexities and risks of—rather than platitudes about—the use of strategic litigation
to advance social justice. A lack of impartiality would only thwart that goal.
....
Strategies and Tactics to Combat Segregation of Roma Children in Schools
link: https://cdn2.sph.harvard.edu/wp-content/uploads/sites/114/2017/12/Roma-Segregation-full-final.pdf
Strategies and Tactics to Combat Segregation of Roma Children in Schools
Case studies from Romania, Croatia, Hungary, Czech Republic,
Bulgaria, and Greece
FXB Center for Health and Human Rights
Harvard University
2015
Roma children enter the world with the heavy baggage of intergenerational inequality,
born into societies where discrimination and social-economic struggles are part of
daily life. Researchers and policymakers agree that, across Europe, Roma children
experience widespread, systematic exclusion from education, leading to significant gaps
in participation and achievement. School segregation appears to be a major contributing
factor to these gaping discrepancies in education.
This report aims to review and synthetize the desegregation strategies and tactics of six nongovernmental organizations (NGOs) in Central, Eastern, and Southern European countries. The report
captures evidence-based data on the negative outcomes of segregation of Roma children in schools
and highlights effective initiatives employed by the European Roma Rights Centre (ERRC) in Croatia
and Hungary, Romani CRISS in Romania, Life Together in Czech Republic, Integro in Bulgaria, and
Antigone in Greece. These organizations comprise DARE-Net, a 2012 initiative led by Romani CRISS.
During the project’s implementation, the Chance for Children Foundation (CFCF) joined the network
and focused primarily on activities implemented in Hungary.
The initiatives described in this report are presented as six case studies. Each case study summarizes
findings based on an in-depth literature review and semi-structured interviews with communities,
experts, and stakeholders. The case studies describe the work that has been done to advocate for
changes in policy, legislation, curricula, and/or practice in political and societal environments that have
been resistant to change. The Report Digest is available at http://fxb.harvard.edu/wp-content/uploads/
sites/5/2015/02/Romani-Segregation-2015-brief-version-final.pdf
Despite the fact that the vast majority of Roma children enroll in school, only half complete primary
education. Moreover, most do not even reach the level of secondary education,3
and less than one
percent participate in tertiary education in some Central, Eastern, and Southern European countries.4
A broad range of factors determines these gaps, and in this report, we focus primarily on school
segregation. Roma children continue to be placed in separate classes based solely on their skin
color, ethnicity, and socio- economic situation; often they are placed into separate buildings, separate
schools and classes, including special schools. As a result, Roma receive inferior education and endure
discriminatory treatment from teachers and school administrators.
Even when not physically separated, Roma children are routinely placed in the back of the class,
receive less attention from their teachers, and endure bullying and stigma. Discriminatory treatment is
often compounded by national education systems that lack the capacity to address the needs of socially
and ethnically disadvantaged students and provide intercultural and inclusive environments. School
segregation is now prohibited by European Union’s Race Equality Directive (RED), and domestic laws
of each country for which we developed a case study; however, the practice persists and has been
widely documented by civil society organizations and scholars.
Segregation keeps Roma children away from quality education, social networks, job, and better
salaries opportunities. On the other hand, well designed desegregation efforts and positive interethnic
interactions can stymie prejudice from non-Roma peers and contribute to the self-esteem and pride of
Roma children.
For the last quarter of a century, improving access to education for Roma children has been a central
feature in national and international commitments related to Roma inclusion in Europe. Yet addressing
the policy or practice of streamlining Roma children into separate schools and classes based on
their ethnicity—segregation—has been a challenging task, both politically and structurally, for those
governments and institutions involved. Civil society representatives have therefore played a lead role in
raising awareness of the phenomenon, convincing central and local authorities to take action, pushing
for accountability, and providing technical guidance as needed.
Various organizations across Europe have worked to address the problem. Strategies have included
everything from supporting the participation of Roma children in education to dismantling the legal and
policy frameworks of segregation to piloting programs and initiatives to promote the integration of Roma
children into mainstream schools and classes. It is, therefore, critical to identify and share such efforts
with civil society representatives and policymakers from other regions and countries, so that they can
learn from these initiatives and implement them accordingly to the needs of the communities they are
working with.
In each country we discuss in this report, we analyze the political context’s role and power in making
change possible. The EU pre-accession requirements for non-discriminatory policies and actions as
well as the ECtHR judgments made possible relevant gains in policy and legislative changes. Yet much
is to be done in translating those documents into desegregation practices in all the countries studied in
this report.
The report also addresses the challenges and obstacles encountered by civil society representatives
throughout their journey towards school desegregation, but its main focus is on the strategies and
tactics employed by NGOs to achieve desegregation. For example, judgments from the European Court
of Human Rights (ECtHR) on segregation (commencing with 2007’s landmark D.H. and Others vs.
Czech Republic), research, pilot projects, along with community work were explicitly and associatively
used by the organizations involved to advocate for policy and legislative changes. Some of the
organizations, such as the European Roma Rights Centre (ERRC), were leading forces in bringing
segregation cases before the ECtHR.
We analyze the tactics and the actions of NGOs in their social and political environments and highlight
their successes, as well as their lessons learned, for other organizations, institutions, scholars, and
advocates. We aim to show models of advocacy and interventions that can potentially lead to change in
law, policy, and practice in other regions and contexts.
...
II. Methodology
For the Strategies and Tactics to Combat Segregation of Roma Children in Schools report, we used
a case study methodology to develop a practice-based inventory of desegregation. We documented
and analyzed interventions that promote desegregation and help ensure equal opportunities for quality
education. The interventions we analysed have been implemented or recommended by the project
partner organizations working in six countries: Bulgaria, Croatia, Czech Republic, Greece, Hungary,
and Romania.6
The interventions include community projects, advocacy campaigns for changes in
legislation and policy, curriculum revision for minority inclusion, and strategic litigation. Therefore,
Harvard FXB only looked at the projects and initiatives undertaken by the DARE-Net members, and not
at all effective desegregation practices existing in the region.
In each case study, we single out the history, challenges, and breakdowns encountered by an
organization in implementing a desegregation intervention, placing particular emphasis on the effective
desegregation interventions and tactics that NGOs used. We also analyze NGO actions by taking into
consideration the political context in which they have been developed.
The findings in this report are based on desk research (online desk research, government and NGO
published data), individual semi-structured interviews and group interviews conducted in all project
countries. Respondents included Roma adolescents and parents, Roma community leaders, Roma and
non-Roma civil society organizations, school teachers, principals, and administrators, local, regional,
and national policymakers responsible for education and social inclusion matters, and various experts,
including lawyers, economists, and university professors. The analysis included in one of the case
studies was also based on direct field experience from one of the authors.
The desk research information derives from documents made available by the partner organizations
(annual reports, articles, publications, research, videos, audio materials, project reports, external or
internal evaluations of the desegregation project, etc.) as well as documentation and publications by
local and international organizations, reports and materials published by intergovernmental and national
institutions, ECtHR jurisprudence, and academic papers.
Initial country selection for membership in the DARE-Net, and consequently in the case study report,
was based on demographic and NGO strategic relevance. The majority of the countries have national
and/or European Court of Human Rights’ jurisprudence on segregation of Roma children. The
partner organizations in this transnational project have initiated desegregation projects using different
approaches, usually in accordance with their mandate and previous experience. The projects used
different strategies and methods, each project tackling segregation from a specific angle, including
building policy and legislation, imposing sanctions, and creating an intercultural school and community
empowerment. The desegregation projects they implemented have showed effectiveness in addressing
desegregation at local or national level. Put together, the tactics do not conflict but rather show the
complexity of desegregation processes and issues that need to be addressed to achieve desegregation
and good quality education.
To more accurately present the complexity of this issue, the obstacles, and available strategies to
achieve desegregation, the report includes a range of expert opinions. We conducted the a number
of 92 semi-structured individual or group interviews as follows: 12 interviews with 15 stakeholders in
Bulgaria, 13 interviews with 15 stakeholders in the Czech Republic, 13 interviews with 30 stakeholders
in Croatia, 9 interviews with 12 or more stakeholders in Hungary, 5 interviews with 10 stakeholders in
Greece, and 9 interviews with nine stakeholders in Romania.
The Roma community members we had interviews with included parents and plaintiffs involved in
two legal cases: Oršuš and Others vs. Croatia and D.H. and Others vs. Czech Republic. Additional
information on Horvath and Kiss vs. Hungary was gathered from one of the plaintiffs by project
partners, CFCF and Romani CRISS. We visited and interviewed representatives of schools and
kindergartens in Kutina, Croatia, Mursko Sredisce, Croatia, Thessaloniki, Greece, Zavet, Bulgaria, and
Horni Suca, Czech Republic. We interviewed 26 representatives of civil society, 4 scholars, 1 attorney,
and 15 representatives of regional and central institutions.
Each interview was conducted by a team of two researchers, while each case study was drafted by
one lead researcher in partnership with the other staff. This team included Arlan Fuller, Harvard FXB’s
Executive Director, Margareta Matache, Roma rights advocate and Harvard Chan School Instructor,
and Sarah Dougherty, former Harvard Chan School Research Associate. The opinions included in this
report do not necessarily reflect the views of the stakeholders the authors met and consulted with, but
do sum up the conclusions reached by the research team analyzing the data.
A limitation of this report was the small scope of our study. We of course could not cover all
desegregation initiatives existing in the region. Moreover, Harvard FXB did not develop a methodology
to select the initiatives included in this report. It focused primarily on the project partners’ work.
The peer review process was ensured internally by prof. Jacqueline Bhabha (professor of law, Harvard
University) and externally by Dr. Marius Taba (sociologist). We also asked the DARE-Net organizations
to provide feedback for each country-based study. In addition, Biserka Tomljenović (independent
expert) provided us feedback on the Croatia case study.
The report will be disseminated to various governmental, academic, and civil society stakeholders in
the partner countries as well as in other countries in Europe. The report will also serve students and the
community at large interested in learning advocacy strategies aimed at policy and legislative changes.
III. Case Study Advocacy for Desegregation Policies and Measures
....
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