At the European Union level, non-discrimination legislation (Directive 2000/43) was introduced in 2000, banning discrimination on the grounds of race and ethnicity in the areas of employment, access to goods and services, health care, education and social protection. A policy instrument, the 10 Common Basic Principles of Roma Inclusion, was introduced by the first meeting of the European Platform for Roma Inclusion in 2009 with an emphasis on constructive, not repressive policies; on “explicit but not exclusive targeting” of such policies; and using culturally sensitive instruments to provide for Roma access to mainstream housing, mainstream jobs and mainstream education: in other words, neither a “one-size-fits-all” approach which would overlook their specific culture and experiences, nor something that would be entirely separate and thus continue their segregation. As far as financial instruments are concerned, following an amendment to the Regulation of the European Regional Development Fund (ERDF) in 2010, there is a potential for using the EU’s Structural Funds to fund the housing of vulnerable groups such as Roma. The EU enlargement process offers the EU the opportunity to review the progress of current and potential candidate countries and during this process it has more leverage than towards current Member States. Responsibilities for education, employment and housing policies remain at the national level among EU Member States. The most consistent development towards a gradual improvement of socio-economic conditions of the Roma over the last two decades at a national level has been in Spain with the introduction of instruments such as targeted re-qualification courses and community-based social work. Elsewhere, however, we have recently seen the problems of the Roma formulated as a security issue rather than one of social inclusion or minority rights by the Governments of Italy and France. At the same time most CEE countries have done relatively little to counteract the disastrous effects of the Roma’s economic downfall. At the local level, the repressive and punitive approach has been most visible, though a “laissez-faire” approach may actually be the dominant one in terms of numbers. What then should be done? States should take their obligations under international instruments seriously. They should take into account the concluding observations of the Treaty bodies, above all those of the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Rights of the Child (CRC) as well as the judgments of the European Court of Human Rights on segregated education etc.

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