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A future EU framework for National Strategies for Roma Equality and Inclusion

2021-2030

Proposals from the Fundación Secretariado Gitano

This document contains the reflexions and proposals from the Fundación Secretariado Gitano regarding a future EU

framework for National Strategies on Roma Equality and Inclusion 2020-2030. The Fundación Secretariado Gitano is

a Spanish non-profit and intercultural organisation promoting equal rights and social inclusion of the Roma

community for over 35 years. It provides services to the Roma community in the field of education, employment and

social inclusion and fight against discrimination, while advocates for more inclusive public policies, for improving the

social image of Roma, produces data on the situation of Roma and designs awareness raising campaigns. It works at

national, regional and local level (with offices in 70 Spanish localities) and also operates at European level. The

reflections and proposals expressed in this document are based on this large experience. www.gitanos.org

CONTENT

1. Abstract

2. Introductory notes

3. A new push for a future EU Framework

4. The social and political dimension of a future EU Framework: a holistic approach

5. The social dimension: key elements

a. What aims for the 6 core areas

b. Dealing with diversity

6. The political dimension: key elements

7. The need to reinforce the governance architecture

8. The role for the European Commission to make the best of the EU Framework

9. How to advance: conditions for future policies

1. ABSTRACT

The process for improving the living conditions, achieving equal opportunities and treatment of

the Roma community initiated in 2011 with the launch of the firs-ever EU policy initiative needs

to be continued and reinforced in order to make a substantial difference in the lives of all

European Roma.

We propose a future EU Framework for Roma equality and inclusion post 2020 with a rights-

based approach that focuses, as its backbone, on social and economic rights since they affect

the majority of Roma across Europe. Our proposal combines a social and political dimension to

tackle the complexity of inequality affecting Roma across Europe. The social dimension includes

those economic an economic right together with the right to equal treatment and non-

discrimination; the political dimension refers to the need for institutional recognition, cultural

rights and rights to participation and redress.

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Considering the integral promotion of Roma as right holders, the EU Framework and,

consequently National Strategies, need to be understood as strategic planning policy

instruments that place and intensify investments around 6 core areas, namely the previous ones

(education, employment, housing and health) plus the fight against poverty (particularly child

poverty) and a strengthened specific area on fighting antigypsyism and discrimination. To that

end, ambitious large-scale and long- term policies, both combining targeted and mainstream

approaches, together with an improved and aligned use of ESI Funds, need to be foreseen; all

channelled through a reinforced governance architecture. These are all conditions to achieve

positive impact and tangible social progress.

2. INTRODUCTORY NOTES

The current EU Framework for National Roma Integration Strategies comes to an end in 2020.

Although the impact assessment in terms of improving the living conditions of the Roma

population has been very limited, the EU Framework (EUFW) has certainly contributed to boost

and keep the Roma issue on the political agenda of both European institutions and Member

States (MS). It has also served to establish the need to connect the political framework (National

Strategies) with the financial resources (ESI Funds), prompting the synergy between political and

financial instruments. This connection between the funds and the political framework has been

crucial to guarantee at least some achievement of the objectives set in the EUFW and National

Strategies.

In fact, ESI Funds1 have played an important role (certainly not sufficient) in the implementation

of the national Strategies: the explicit inclusion of an investment priority targeting the Roma

community (9.2.) within ESI Funds has trigger focus and resources targeting the specific situation

of Roma. However, this connection is certainly not sufficient and requires greater articulation

and alignment.

We believe it is still necessary to have a political framework that keeps the Roma issue on the

agenda of the MS to continue with the initiated process of social and institutional change that

has led to the implementation of the NRIS 2011-2020.

The situation of clear inequality and violation of rights of the Roma population (particularly

Roma girls and boys) continues to require a firm political commitment and to put all the means

at their disposal, both European and national institutions, to address effectively such a critical

situation that should not be compatible with democratic and developed societies of the 21st

century.

The momentum of the European institutions has been decisive to achieve progress for the Roma

issue in many MS: not only has the Roma issue been maintained on the political agenda, but

also institutional governance system has also been activated through the National Roma Contact

1 For further details on how ESI Funds, mainly ESF, have been planned for Roma inclusion during 2014-2020 see Promoting the use

of ESI Funds for Roma inclusion. EURoma (European Network on Roma inclusion under ESI Funds), 2015. EURoma is managed by the Fundación Secretariado Gitano who holds the Technical Secretariat. https://www.euromanet.eu/publications/euroma-pub/promoting-the-use-of-esi-funds-for-roma-inclusion-a-glance-at-euromas-eight-years-of-work-and-how-roma-inclusion-is-considered-in-the-2014-2020-programming-period/

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Points (NRCPs) which despite many weaknesses, represents a step forward that must continue

to improve over the next decade. The European Structural and Investment Funds (in particular

the ESF), in turn, have played, as just mentioned, an important role by defining a Specific

Thematic Objective 9.2, activating and targeting specific measures for the Roma population.

However, 10 years are not enough to reverse the dynamics and situations of social exclusion

that have been operating for centuries in Europe. Solving it is a matter of political will, time,

resources and developing appropriate approaches. This last aspect is a crucial issue and it will

largely determine the future success or failure of the future European Framework. The current

political (and social) context is not the same as when this European Framework was designed:

the rise of demanding public discourses with equal rights and treatment of traditionally

subordinate groups (women and LGTM people, minorities...) has been concretised in most

countries in a social and political sensitivity towards discriminated minorities and favours the

disposition towards inclusion-protection policies for the Roma minority. In turn, these

discourses coexist with more reactive ones that focus on the rights of minorities and emphasize

identity issues. Some of these last speeches attribute the failure of the current EUFW (and

National Strategies) to the lack of recognition of antigypsyism as the cause of Roma inequality.

And, indeed, antigypsyism is one of the great barriers faced by the Roma population in accessing

their rights, although the struggle for equality of the Roma population requires to continue

strengthening their access to economic and social rights.

3. A NEW PUSH FOR A FUTURE EU FRAMEWORK: A HOLISTIC APPROACH

In this context, we believe there is a series of aspects that would need to be developed in a

future EUFW for National Strategies for Roma equality and Inclusion post 2020. It is time for

making in a difference in the lives of Roma across Europe: it is the time to demand real progress.

In order to achieve this, the FSG proposes the following summarised key ideas for a future EUFW

and National Strategies:

1. A rights-based approach should be the essence of the future, which means that the

Framework should address the integral development of Roma people, as rights

holders. From the rights-based approach, MS have the obligation to identify the

inequalities in the access and implementation of rights affecting the most

vulnerable groups and take the necessary measures to respect, protect and

guarantee their rights, under the international Human Rights framework

(mandatory for MS) as well as the Treaty and the Charter of Fundamental Rights of

the EU).

2. A core focus on Social and Economic Rights, giving continuity but increasing the

intensity of the investments in the key areas for Roma inclusion: education,

employment, housing and health. A new and specific area focusing on poverty,

including child poverty, should also be considered.

3. Widening and reinforcing areas that were missing: antigypsyism and non-

discrimination, together with poverty. A focused investment on 6 core areas. In

addition to the 4 pillars (education, employment, housing, health) that the current

framework already established, we consider essential to establish two more areas

that have not been explicitly taken into account so far and that are key to advancing

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in equality: antigypsyism/discrimination and poverty. It is necessary that ambitious

objectives with a gender perspective be defined for each area and that in all these

key areas investments be strengthened and intensified.

4. An EU Framework with two complementary dimensions, social and political.

Approaching the Roma issue from a holistic perspective that includes two

complementary dimensions, the social and the political. The social dimension

(economic and social rights together with the fight against antigypsyism and

discrimination) and the political dimension (representation, recognition, redress,

protection and cultural rights and promotion…).

5. Orientation to achieving results and impact, through the establishment of

ambitious and measurable targets and indicators, follow-up and monitoring

system. The assessment of progress needs to be articulated right from the draft of

the EUFW and National Strategies.

6. Strengthening the governance system of the EUFW and National Strategies,

increasing the mandate and competencies of the National Roma Contact Points and

the reinforcing role of the European Commission (EC).

Considerations for the future EU Framework

✓ Continuity: maintenance in time of investments in key dimensions for Roma inclusion -

education, employment, health and housing-. They need to remain at the heart of a future

EUFW and National Strategies.

✓ Deepening and intensity: more needs to be done to guarantee equal opportunities and to

ensure the effective inclusion of Roma at all levels. The EUFW and National Strategies need

to strategically plan large-scale, long-term and intense investments. They need to penetrate

overall mainstream policies and receive the sufficient investment. Likewise, a better

understanding on what works for Roma inclusion and equality is needed amongst public

actors, service providers and civil society at large. Public finance, both European and

national, needs to reach the most excluded.

✓ Strengthening: Some issues that have not been sufficiently tackled so far: the fight against

antigypsyism and non-discrimination need to be explicitly included as part of the strategy to

achieve equality of Roma. Equality needs to be at the centre of the EUFW and National

Strategies. Robust legal and institutional frameworks are needed that give teeth to the fight

against discrimination and to support action against exclusion and poverty. That also applies

to the gender perspective and the focus on Roma women, too weakly included as a

crosscutting aspect in National Strategies. A future Council Recommendation is needed to

requests more engagement from the MS.

✓ Widening. Some issues have clearly been missing. Poverty amongst Roma is wide-spread

(affecting Roma children in particular), and social protection needs to be guaranteed, both

in terms of minimum income schemes and personalized social services. Furthermore, some

groups have been identified as having particular needs, yet no specific response have been

articulated. Specific attention should be given to women, children and EU-mobile Roma and

Roma from third-countries.

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4. THE SOCIAL AND POLITICAL DIMENSION OF A FUTURE EU FRAMEWORK: A HOLISTIC

APPROACH

The magnitude of permanent inequality, poverty and exclusion among the Roma, which affects

more than 80% of the population in all EU MS, justify that social inclusion and access to economic

rights guide policies aimed at Roma. They should remain the fundamental core of the new post-

2020 EU Framework.

However, the prevalence of this approach based on access to economic and social rights has

often left little room to address other legitimate aspirations and needs that differentially affect

the Roma minority as a whole. These are other rights that are

insufficiently protected and that, in our opinion, should be

considered in the future EUFW.

This is the case of the right to equal treatment and non-

discrimination and the insufficient response to antigypsyism in

the current EUFW even though these are among the

fundamental pillars of the Treaty of the Union and constituent

elements of the European project.

There is also a constellation of aspirations of the Roma minority that has not found its place in

the current Framework, namely, institutional recognition measures, instruments of

representation and participation, instruments for cultural promotion and protection, measures

related to memory and reparation/remedy, etc. They make up a political dimension of the Roma

issue (which goes beyond the social exclusion or economic and social rights and refers to

participation, cultural identity or rights to redress).

As a result of the non-existence of other channels and the fact that the EUFW for inclusion

policies has been the only specific political instrument for the Roma minority in the EU, all these

aspirations have been channelled through the existing spaces, mechanisms, projects and

measures, which are clearly insufficient and inadequate to meet additional expectations and

demands that many segments of Roma civil society claim.

This lack of other instruments to channel and respond to these social aspirations and the

changes in the EU and in the Roma community in this decade have contributed to intensify

objections to the effectiveness of the current Framework and even to question which should be

its backbone in the next period.

Over the last decade we are witnessing the emergence, empowerment and social visibility of

groups that have traditionally been subordinated and discriminated against, which, with the

feminist movement as a transformation driver, call for a radical demand for equality and

recognition and for active participation. The Roma community has not been indifferent to these

changes; on the contrary, there is a legitimate aspiration and demand (and a historical

opportunity) to make the Roma cause heard, to be protagonists of their future and to count on

an increased support and empathy on the side of society as a whole and of the European and

National institutions.

A future EU Framework should

combine a social and political

dimension to tackle the

complexity of inequality

affecting Roma across Europe

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The new Framework must be a privileged political instrument to address all these challenges in

the next decade in a more comprehensive way. To this end, it should be designed in such a way

that the social dimension (including economic and social rights, equal treatment and non-

discrimination and fight against antigypsyism) is complemented by the political dimension

(including rights to participation, recognition, redress and cultural protection).

FSG proposal is to consider the Roma issue from a double social and political dimension that

must necessarily be taken into account when giving a consistent response from the EU and MS,

both under the Human Rights framework:

• A social dimension, because it is a community where three quarters of the population

is in a situation of social exclusion and poverty and a relevant percentage in extreme

poverty; because Roma still suffer from greatest disadvantages in the access to social

and economic rights, such as the right to education, employment, housing, health in

comparison with overall European populations. On top of that, they are too often

subject of antigypsyism and discrimination which brings them to an even greater

situation of exclusion and rights´ deprivation.

• A political dimension, related to historical and structural discrimination, lack of cultural

acknowledgement and recognition, weak protection of their rights or the

representation aspects of their social and political participation. In sum, this dimension

refers specifically to cultural, participation and redress rights.

Both dimensions interrelate and are part of a reality that, due to its complexity, requires

multidimensional and complex responses. The future EUFW should include this double

dimension of the Roma issue so that each MS will subsequently, according to its own context

and criteria, response to it in the most appropriate way.

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Yet, there should be a common approach to necessarily prioritise investments on social and

economic rights (right to education, employment, housing, health and decent living conditions),

together with the right and principle to non-discrimination which would deal with the fight

against antigypsyism and discrimination. Both areas, understood as the social dimension, should

receive most of the attention to be given by the EUFW and National Strategies.

Focusing the EUFW and National Strategies exclusively on antigypsyism without addressing the

essential core of equal opportunities can weaken the effectiveness of some policies and,

therefore, jeopardize the real progress in improving living conditions and access to economic

rights. and social.

5. THE SOCIAL DIMENSION: KEY ELEMENTS

The social dimension includes the 4 areas already envisaged in the current EUFW 2012-2020 plus

two more specific investment areas, namely, antigypsyism and non-discrimination and poverty

(with particular focus on child poverty). These 6 areas interrelate and reinforce each other.

Promoting inclusion while fighting against discrimination are essential for Roma equality. They

go hand in hand. They need to be developed in unison but require different and complementary

instruments.

All 6 areas need to have specific and ambitious targets that

aim to overcome existing inequality gaps, most of them

shared by all MS National Strategies, while others may be

contextualised to the territorial reality. Dealing with these

areas means strategically planning a series of measures, be

them targeted or focused of mainstream policies; be them

directly aimed to the Roma themselves, be them aimed at

mainstream societies. There is an urgency to intensify the

investments in these 6 areas, both in terms of sufficient

funding but also in terms of strategically planning to achieve greater equality of Roma in all

mentioned areas. The targets should be established taking into consideration overall national

population standards: the EUFW and National Strategies need to make explicit its expectations

of where Roma people should be in 10 years’ time. This, necessarily, has to pursue to match the

situation of Roma with the average situation of all country nationals.

A. What aims for the 6 core areas in the future EU framework and National Strategies:

Economic and Social Rights:

1. Education. The aim should be achieving equal levels of education of Roma with the

overall national populations. Compulsory education of Roma children is a must, an

obligation that all MS should guarantee by the end of 2030. Providing equal

opportunities to access quality early childhood education, together with post-

compulsory studies should also be guaranteed. Eradication of segregated schools and

classrooms should also be a specific target for MS.

2. Employment. The aim should be achieving equal levels of salaried employment rates

with overall national populations as an indicator of equal opportunities in the labour

Core investments should be

placed around 6 areas: education,

employment, housing, health,

antigypsyism/no-discrimination

and poverty (particularly child

poverty)

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market. Increasing self-employment rates should also be considered, together with

access to vocational training and particularly to digital skills and competences.

3. Housing. The aim should be achieving similar housing conditions as the overall national

populations. One of the initial targets should be assuring decent housing and the

eradication of slums and segregated camps or housing which are violations of human

rights.

4. Health. The aim should be achieving similar health average standards with overall

national populations. Unsanitary health conditions need to be dramatically reduced

accordingly.

5. Poverty. The aim of this new and specific area should be dramatically reducing the

poverty rates among Roma across Europe, particularly extreme poverty, equating with

the Member State´s average. Special attention needs to be given to reducing child

poverty, both of national Roma children and EU-mobile Roma or from third-country

nationals.

Equal Treatment and Non-Discrimination Rights:

6. Antigypsyism2 and non-discrimination

A new self-standing area focusing on fighting antigypsyism and discrimination against Roma

should be added in the new post 2020 EUFW, including actions that should be carried out by

both the EU institutions and MS.

Objectives to be carried out by EU institutions should be:

• Better monitoring of the transposition and real implementation of the Race Directive

(43/2000), with a particular focus on the fight against antigypsyism and discrimination suffered

by the Roma, as well as the intersectional discrimination faced by Roma women.

• Review of the Race Directive (43/2000), adopting a new Directive implementing the

principle of equal treatment between persons irrespective of racial or ethnic origin in order to

implement the most recent non-discrimination standards issued by the Council of Europe and

the UN bodies.

• Better monitoring of the implementation by EU MS of the (i) Council Framework

Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of

racism and xenophobia by means of criminal law; and the (ii) Directive 2012/29/EU of the

European Parliament and of the Council of 25 October 2012 establishing minimum standards on

the rights, support and protection of victims of crime, with a particular focus on antigypsyism,

discrimination against Roma and the protection of Roma victims of hate crimes.

• The EU High Level Group on combating racism, xenophobia and other forms of

intolerance should continue its efforts to implement adequately the EU Code of conduct on

countering illegal hate speech online, with a particular focus on anti-Roma hate speech.

2 We use the definition of antigypsyism contained in ECRI General Recommendation 13 on “Combatting anti-Gypsyism and

discrimination against Roma”, adopted on 24 June 2011: “a specific form of racism, an ideology founded on racial superiority, a form of dehumanisation and institutional racism nurtured by historical discrimination, which is expressed, among others, by violence, hate speech, exploitation, stigmatisation and the most blatant kind of discrimination”. This definition has also been used in several documents and resolutions issued by EU institutions, including the recent European Parliament resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against antigypsyism (cfr. Whereas A).

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• The EU institutions should consider the adoption of an EU Code of Conduct on

countering anti-Roma hate speech by public representatives.

• Invest in monitoring and understanding anti-Gypsyism. Questions that would yield

robust data for estimating the severity of anti-Gypsyism, should be asked regularly in the EU

surveys (as the Eurobarometer).

Objectives to be carried out by MS should be:

• Improve the national legal framework against discrimination, with a particular focus on

antigypsyism and intersectional discrimination, in order to implement the Race Directive

(43/2000) as well the European and International human rights standards on the issue.

• Strengthen the equality bodies, assuring its independence and its real capacity to

address antigypsyism and discrimination. They should provide independent assistance to Roma

victims of discrimination in pursuing their complaints about antigypsyism; conduct independent

surveys concerning antigypsyism; publish independent reports and making recommendations

on antigypsyism; improve the knowledge by the Roma community on their rights in cases of

antigypsyism; take judicial action in strategic litigation cases of antigypsyism.

• Invest in monitoring and understanding antigypsyism. Questions that would yield robust

data for estimating the severity of antigypsyism, should be asked regularly in the national

surveys. In-depth research applying comparable methodologies across countries should be

encouraged to understand the complex drivers of antigypsyism to inform policies to effectively

address it.

• Ensure the training and awareness of key stakeholders in the fight against all forms of

antigypsyism, including hate crimes against Roma people, with an intersectional approach.

These stakeholders should include, inter alia, Judges, public prosecutors, law enforcement

officers, lawyers, public employees, teachers…

• Develop concrete measures to tackle hate crime and hate speech motivated by anti-

gypsyism.

• Take measures to address specifically the problem ethnic profiling and other

discriminatory practices by law enforcement officers suffered by Roma people.

• Widely disseminate public awareness campaigns to dismantle the social construct of the

“Gypsy” and the association of Roma with marginalisation.

Overall, we believe a stronger focus on combatting antigypsyism enables to broaden the Roma

issue and to address it with a holistic human rights approach, complementing the focus in the

social exclusion of the Roma community. It allows as well to understand and address the aims

of political, cultural and identity recognition and participation of the Roma minority within the

EU and its MS.

This focus on antigypsyism enables as well to strengthen the equality and non-discrimination

principles within the European project and to express a protection of the Roma ethnic minority

in a context in which some political leaders are not respecting these principles.

However, the fight against antigypsyism should not be the only issue addressed; the policy

should include other five social areas (education, employment, housing, health, and poverty)

because of the following reasons:

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• While the fight against the antigypsyism is a crucial and must be addressed, this

issue should not jeopardize the debate on the social and economic policies concerning

the Roma community. The non-discrimination principle is a key element with regards to

human rights standards, but it is not the only one. Education, housing, health,

employment and decent living conditions are also fundamental human rights that must

be respected and guaranteed with strong national and European policies. If these

economic and social rights are not guaranteed, it is not possible to exercise political, civil

and cultural rights by the Roma community.

• It should be noted that over 80% of Roma people living in any EU country are at

risk of social exclusion. Therefore, and even if other political, civil and cultural rights

must be respected, the priority should be to guarantee these economic and social rights

so that the other political, civil and cultural rights can be exercised by the Roma

community as a whole.

Both the fight against antigypsyism/discrimination and

the gender perspective are crucial transversal or

horizontal issues that need to be made explicit and

operational throughout the measures developed in the

6 core investment areas.

It is of utmost importance that the EUFW prioritises the

implementation of measures regarding the social

dimension to compensate existing disadvantages both

through targeted measures and by inclusive mainstream

policies. The latter are of extreme importance in all areas: the proper inclusive functioning of

the educational systems, of the active employment policies, of the health systems, housing and

social housing schemes, of social protection systems and minimum income schemes, of

antidiscrimination legislation etc..

B. Dealing with diversity in the future EU framework and National Strategies:

The future EUFW should have a specific focus on different subgroups within the Roma community across the EU /Europe, since they are affected in a differentiated and more accurate manner by social exclusion and discrimination.

• Regarding children: Roma children´s rights should be a priority challenge for next EU initiative post 2020.

Next EUFW should envisage specific result indicators for Roma children´s access to fundamental rights (education, health, housing) on an equal footing with the rest of European children, assuring their access to basic needs coverage and access to compulsory education. An urgent target would be to dramatically reduce Roma children´s poverty rates (unbearable current data for XXI century societies), to guarantee early childhood education and to assure fulfilment of secondary compulsory education for all Roma children across the EU/Europe. Assuring continuation of post-compulsory studies should also be considered a priority as well as the Roma youth accesso to higher education and equal employment opportunities.

Discrimination and gender

perspective are crucial transversal

issues that need to be made

explicit and operational

throughout the measures

developed in the 6 core areas

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There should also be an alignment with EU sectorial policies or frameworks, such as the currently under discussion Child Guarantee for vulnerable children should clearly include Roma mobile children as one of its priority targets, or mainstream policies that affect them such as those combating overall child poverty, among others.

• Regarding women: reducing the gender inequality gap suffered by Roma women in relation

to overall European women/men and Roma men should be also a priority.

Positive actions need to be included in the interventions promoting access to education and

employment, tackling gender violence, together with the promotion of households/family co-

responsibility. The specific needs of Roma women also need to be considered within mainstream

policies such as the Youth Guarantee, active employment policy actions, measures combating

gender violence etc… Intersectional3 discrimination needs to be considered in the definition of

targets and actions.

• Regarding EU-mobile Roma and third-country Roma: they are among the groups that objectively would require greatest attention and social investment support. They face additional problems to the “autochthonous” Roma due to their legal status and social position, what makes them more vulnerable to social exclusion and discrimination4: substandard housing, overcrowded and with scarce basic utilities; lack knowledge of the language of the country they live in, lack of official documentation (being the official request pricey for them), administrative barriers to access resident certifications and as a consequence blockades to access social and economic rights). In some cases, they are being targeted by forced evictions and deportations to their countries of origin.

There is a specific challenge regarding EU-mobile Roma children, often excluded from compulsory education. The mobility patterns of their families in search for a better life and better opportunities too often impacts negatively their access to non-disruptive quality education. These children face many difficulties to continue enrolment in education as a result of mobility, together with administrative barriers to schooling (delays in registration and in accessing schools in practice), irregular attendance and low expectations and prejudice of teachers, parents and students regarding educational achievement… upon return, reintegration has also its difficulties.

All this, reveals there are problems in ensuring Roma mobile children compulsory education, in ensuring Roma mobile children´s rights to education and also to decent housing. Guarantee such rights should be a top priority of a future EU Initiative post 2020. Tackling the specific needs of EU-mobile Roma and migrant Roma, particularly of the children, should be explicitly addressed by this future EU Initiative post 2020.

In fact, such EUFW should request MS to incorporate data on mobile Roma as part of the baseline analysis of the situation of Roma in a given MS. Specific and common objectives,

3 Our understanding of intersectional discrimination refers to a specific type of discrimination, in which different types of

discrimination intersect and interact (the intersection of gender and ethnic discrimination, for example). It is not a matter of adding discriminations, but of understanding how the intersection of these discriminations is something specific that requires a particular approach that recognizes these various factors. See FSG Guide on Intersectional Discrimination. https://www.gitanos.org/upload/22/65/GUIDE_ON_INTERSECTIONAL_DISCRIMINATION_-_ROMA_WOMEN_-_FSG_33444_.pdf 4 Fundamental Rights Agency (2009): “The situation of Roma EU citizens moving to and settling in other EU MS”. Available at:

https://fra.europa.eu/en/publication/2010/situation-roma-eu-citizens-moving-and-settling-other-eu-member-states

EU-mobile Roma and third-

country Roma need to be part of

National Strategies and of the

heart of the transnational

cooperation component of the EU

Framework

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together with measurable indicators should be envisaged. MS should be encouraged to explicitly identify the needs of the mobile Roma as part of their overall Roma needs assessment and to accordingly define specific measurable indicators within overall and particular objectives. As it is the case for any approach to Roma inclusion and equality, comprehensive and long-lasting solutions need to be developed as a required condition to guarantee protection and achieve positive social impact. These solutions can be the provision of specific actions for mobile Roma (more focused on providing basic needs, social accompaniment to resources/administrative procedures, being particularly important in the case of documentation needed for schooling of children, among others); inclusion within mainstream programmes targeting overall Roma in a given MS (education, employment, housing, health…) or including them in mainstream programmes (i.e. social housing or social protection schemes…).

The issue of mobile Roma is an intrinsic European matter. Apart from activating positive national responses a series of European-led initiatives should be put in place in order to contribute to improving the situation of mobile Roma. Transnational cooperation mechanism to connect places of origin with places of destination; return schemes and benchmarking of positive practices among MS, would be necessary.

6. THE POLITICAL DIMENSION: KEY ELEMENTS

One of the weaknesses of the current Framework that now comes to an end has been its

limitation in providing a more holistic vision and response to the complexity of factors and

dimensions affecting the situation of the Roma minority.

We believe that the objective of achieving tangible progress in the social situation of Roma

people (the guarantee of social and economic rights), in equal treatment and the fight against

antigypsyism in our societies, will not be properly achieved if it is not accompanied by a more

comprehensive approach to the aspirations of the Roma minority and the inadequacy in

guaranteeing their rights that decisively affect their position in the societies to which they

belong.

The political dimension of the Roma issue refers to the conditions for the effective and organised

participation of the representative organisations of Roma civil society; it refers to the

institutional recognition of the Roma minority as a social actor; to the protection and promotion

of Roma culture and identity and to the right to truth, memory and redress for a history of

antigypsyism and systemic violation of the fundamental rights of Roma people in all European

countries.

We propose the future EUFW to integrate this political dimension to promote from each MS and

the EC, and according to their own idiosyncrasy and governance system, the articulation of the

necessary measures to deal with the institutional recognition of the Roma minority as a

complement to the investments needed in relation to social and economic rights, together with

equal treatment and non-discrimination rights. These are:

1. Participation rights

Both EU MS and EU institutions should generate the conditions for Roma participation

by establishing, for example, advisory groups formed by Roma civil society to assure its

dialogue with public authorities and other key stakeholders.

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a) Participation for the representation and defense of the interests of Roma minority

and for the structured dialogue with the public authorities through a representation

mechanism (Platform, Council, Bureau...) in accordance with the practices of each

MS.

b) In relation to the social dimension (inclusion and equality policies together with the

fight against antigypsyism and discrimination), Roma civil society organizations must

be able to participate, through their advisory bodies (Councils, Platforms,

Bureaus...), in the processes of research, design, programming, monitoring and

evaluation of policies, for example, following up National Strategies, in the

programming and monitoring of ESI funds (Follow-up Committees) or Equality

Bodies.

2. Promotion and Protection of Cultural rights

Both the EU and its MS should promote the cultural rights of the Roma community, by,

for example:

a) The creation of bodies for the protection and promotion of the Roma culture

b) The institutional recognition of the Roma minority.

c) The recognition of the symbols of the Roma community (including, inter alia, the

international Roma day, anthem, and the Roma flag)

3. Transitional justice: rights to Truth, Justice and Redress

Both the EU and its MS should adopt measures to guarantee the rights to truth, justice and redress for historical massive human rights violations against the Roma community. These measures should include, inter alia, the establishment of truth commissions and the institutional recognition of these human rights violations.

In order to promote the above-mentioned rights, the EUFW and National Strategies should

establish and promote the following key elements:

• Participation body. Formalised participation through an organ/institution where the

most representative civil society entities collaborate (national/regional/local

councils, specific working groups ...);

• Structured participation, with defined interlocutors, and based on a process or a

specific element (design, evaluation, knowledge transfer, monitoring, evaluation)

and with some products.

• Provision of adequate means (technical and economic resources, time,

information...); ensuring diversity in participation (guaranteeing the presence of

different perspectives within the Roma population, reflecting the existing diversity -

women, youth, migrants...).

• Capacity building for participation. Setting up measures or initiatives for training

organizations or individuals for political and social participation, for the

implementation of programs. Setting up measures of empowerment and promotion

of the social participation of the final beneficiaries of the actions in each key area.

Yet, the promotion of participatory processes needs to be differentiated from the actual

implementation of policies and programmes. Inclusion policies must have a public guarantee for

their execution and should be implemented, according to the practices of each country, by

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public or private organizations or institutions that accredit their competencies, qualification,

experience or suitability for the effective implementation of the measures. The condition of

being a Roma civil organization should not be the only factor that determines a priori its

suitability for the implementation of the policies.

In sum, participation mechanisms must allow Roma people, through the most relevant civil

society organizations, to have a leading role and influence in the decision-making process of

design, programming, monitoring and evaluation of measures and actions contained in the

EUFW, National Strategies and in those sectorial policies that affect the Roma community.

4. THE NEED TO REINFOCE THE GOVERNANCE ARCHITECTURE

One of the achievements of the current EUFW has been the introduction of governance

structures to coordinate and monitor the implementation of the EUFW. Despite this

advancement through the creation of National Roma Contact Points (NRCPs), their performance

to guarantee effective Strategies has been limited. NRCPs

should play a crucial role in the design, implementation,

coordination and monitoring of National Strategies. That

is why the reinforcement of the governance architecture

of the future National Strategies should be considered a

priority in order to assure grater social impact of the

policies and programmes.

Therefore, NRCPs should extend their political mandate

and the necessary competences and resources to

guarantee an increased coordination task and leadership.

This would allow achieving the following targets:

a. Carry out a strategic planning of targets, measures, approaches and assuring

budget allocation to develop the Strategies´ priorities and therefore for the

effective implementation of the National Strategies;

b. Better align and coordinate the National Strategies with the financial resources

(primarily ESI Funds both within national and regional Operational Programmes,

using future ESF+ specific objective 8- Promoting socio-economic integration of

third country nationals and of marginalised communities such as the Roma);

c. Strengthen the policy coordination with mainstream policies that also affect the

Roma population, both at:

i. Horizontal level (those ministries in charge of education, employment,

housing, health, social protection etc…)

ii. Vertical level (territorial awareness and support for the implementation

of National Strategies through regional and local authorities);

iii. With civil society, improving the functioning of the participation

mechanisms of civil society within the institutional governance with a

view to moving from formal participation to real involvement.

National Strategies need to be

understood as strategic

instruments that include a set of

expected targets and a detailed

planning of the implementation

process with the allocation of

budget (ESI Funds can play a

crucial role)

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To this end, they should be assigned competences to be coordinated with all (mainstream)

policies that affect the Roma community in one way or another, beyond the initiatives

developed within the specific framework of the Strategies. In this sense, overcoming the

existing disconnection between National Strategies and the mainstream policies should be

a priority.

Indeed, in the seek for ambitious social impact, future National Strategies need to be

understood as strategic instruments that include not only a set of expected targets but also

explicit the planning and implementation process to achieve them (e.g. in the form of

operational plans…), including the allocation of budget to do so.

In order for EU funding to be an efficient tool for the

implementation of the National Strategies priorities

and strategic targets, the allocation of sufficient

funding needs to be planned and be part of each

Strategy, together with other national, regional or

local funding. National Roma Contact Points, together

with ESI Funds Managing Authorities, should clearly

foresee how the NRIS strategic policy investments will

be carried out and will be funded with the support of

EU funding, among others. The use of the specific ESF

Investment Priority 9.2. and future investment priorities in post 2020 ESF+ Regulation will

certainly be an extremely important financial opportunity to achieve NRIS goals and

guarantee social and economic rights of Roma. The same would apply to an increase and

better availability and use of other EU Funds, particularly of ERDF with great potential to

contribute to social inclusion through improving the housing conditions of Roma.

Behind the EUFW and National Strategies there should be a concept of partnership that

should envisage not only the participation and involvement of those

members/representatives of the target group and/or their representatives (for further

details on their participation see block 7 of this document) but also those key stakeholders

that are relevant/necessary to solve existing problems and provide equal opportunities and

enjoyment of social and economic rights. In this sense we believe the concept of partnership

behind the future EUFW and National Strategies should be further developed and include

other actors that until now have not been sufficiently involved, namely, trade unions,

companies, schools, media, judiciary, lawyers, public prosecutors’ officers, academia, etc…

5. THE ROLE OF THE FUTURE EUROPEAN COMMISSION TO THE MAKE THE BEST OF THE EU

FRAMEWORK

The future EUFW for National Strategies for Roma equality and inclusion should link and align

its objectives with the rest of the European reference frameworks, namely with the new

European Strategic Agenda 2019-2024, the European Pillar of Social Rights and with the UN 2030

Agenda. It should also be applied to future European frameworks and initiatives such as the

future Child Guarantee. This alignment and coherence should be carried out within the future

National Strategies with the respective regulatory frameworks of issues that affect Roma people.

Overcoming the existing

disconnection between National

Strategies and mainstream

policies should be a priority to

be carried out by National Roma

Contact Points

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A rights-based approach should be the essence of the future European Framework, taking into

account the Treaty and the Charter of Fundamental Rights of the EU, as well as the international

Human Rights obligations of MS.

The European Commission (EC) should have a more integrated and proactive approach. Whilst

the Roma Unit in DG Justice has certainly moved forward the Roma dossier, the new Commission

should be provided with greater political weight to push for Roma equality and inclusion. To that

end:

a) A Council Recommendation should reinforce the role of the EC in the monitoring and

support of future National Roma Strategies.

b) The EC should mainstream the Roma issue throughout the different policy areas

within the EC itself:

a. Ensuring the involvement and more active engagement of other DGs such as

REGIO, EAC; EMPL. They need to consistently consider the impact of their

policies on Roma population.

b. Ensuring Roma issues are reflected in key futures initiatives, such as the Child

Guarantee, the Skills Agenda, etc…, as well as in all dimensions of the European

Pillar of Social Rights. The different DGs of the Commission should reengage in

these assignments.

c) The EC should use all its means at their full potential: ranging from soft tools, such as

policy guidance, to hard measures, such as CSR and infringement procedures.

d) The EC should lead a stronger coordination mechanism to:

a. Provide specific guidance to the MS for aligning the planning of National

Strategies and ESI Funds programming. Long term projects should be prioritised

to guarantee impact.

b. Strengthening and systematization of transnational cooperation for mutual

learning and active transfer of positive practices between MS. Transnational

cooperation should be considered a key aspect of the future EUFW for National

Roma Strategies. This is of particular relevance in relation to EU-mobile Roma

and third-country national´s specific disadvantaged situation.

6. HOW TO ADVANCE: CONDITIONS FOR FUTURE POLICIES

Having an impact in terms of achieving equality and inclusion of Roma requires, not only of

acknowledging key areas of investments, of identifying what to do, but also, and very

importantly, how policies, programmes or interventions are actually delivered. In our

understanding these are the crucial conditions to advance in the future EUFW and National

Strategies:

• National Strategies derived from the EU Framework must be true strategic planning

instruments, with ambitious objectives, measurable indicators and allocated budget. They

should contain a clear and ambitious vision of what they intent to achieve in terms of social

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change by 2030, establishing also the approach and means they will put in place to achieve

it.

• Objectives should be linked and aligned with the rest of the European reference

frameworks, mainly with the new European Strategic Agenda 2019-2024, the European

Pillar of Social Rights and with the UN 2030 Agenda, among others. It should also be applied

to future European frameworks/initiatives such as the possible Child Guarantee. This

alignment and coherence should also be carried out with the future National Strategies with

the respective regulatory frameworks of issues that affect Roma people.

• The rights-based approach should be the essence of the future EU Framework and

National Strategies, taking into account the Treaty and the Charter of Fundamental Rights

of the EU, as well as the international Human Rights framework (mandatory for MS).

• Combination of mainstreaming and target policies/programs. The very unequal situation

that the Roma population has with respect to population as a whole across the EU requires

specific measures that explicitly address their needs.

Targeted measures focus primary on Roma and aim to

compensate disadvantages in the key areas for their

inclusion. They address Roma at risk of exclusion and

discrimination. However, it is absolutely necessary to

complement it with the development of mainstream

public policies that are inclusive with the Roma

population. In fact, more efforts are needed in

mainstreaming Roma equality and inclusion in all

policies, since there has been scarce progress in this regard. Mainstream measures should

be guided by the principle of proportional universalism – whilst providing services for all,

those in most need will be prioritized. Social protection and social welfare systems – in the

key areas as education, housing, health, employment, pensions, etc. - should therefore be

accessible and inclusive to Roma according to their needs. Both strategies/actions should be

part of future National Strategies, containing differentiated and measurable objectives. The

combination of mainstreaming and targeted approach should be a requisite for all the MS:

An EUFW and National Strategies should aim, not only at designing and implementing

specific interventions targeted to Roma as a tool to counter their unequal situation; they

should also aim at changing public policies in all 6 key areas so that they benefit Roma as

any other citizen. By doing this, public authorities assume their public responsibility of

making sure public policies and resources benefit and are enjoyed by those who need it

most.

• Greater emphasis on large-scale and long-term programs as a necessary requirement to be

able to provide solid responses that generate a real impact, both in the Roma population

and in society as a whole. Access to rights cannot be achieved through partial, isolated and

discontinuous interventions.

• Roma children should be a priority. Their rights are not being sufficiently guaranteed on

equal terms as other European girls and boys. The reduction of child poverty, the right to

education, as well as decent housing should be the heart of the future EUFW and any

National Strategy.

The combination of

mainstreaming and targeted

approach should be a requisite

for all the MS. Both approaches

should contain differentiated

objectives and indicators

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• National Strategies need to be linked up with ESI funds. A critical weakness in most of the

National Strategies is the lack of allocation of funds and the lack of alignment between Roma

policies and existing funds. The future National Strategies should, as planning instruments:

(a) reflect explicitly the budget that the countries will allocate for the implementation of the

strategies and how these funds will be provided, (b) guarantee that these funds will be

sustainable in the mid-term throughout the next decade, (c) make an effective use of the

ESIF by investing in projects at the long term, connecting the programming of the OPs with

the Roma Strategies, following a territorial and micro territorial approach, better

complementing ESF with ERDF funds, developing integrated operations and investing on

Roma by using the Specific Investment priority and other priorities. To that end, the

different DGs of the Commission need to be cooperate, provide specific guidance to the MS

and be more vigilant in the planning process. The monitoring and evaluation process of the

OPs need to improve. Long term projects should be prioritised to guarantee impact.

• Strengthening of gender equality between Roma women and men. There should be a

response to particular situations that Roma women suffer. Reducing their gender inequality

gap in relation to overall European women/men and Roma men should be also a priority.

Positive actions need to be included in the interventions promoting access to education and

employment, tackling gender violence, together with the promotion of households/family

co-responsibility. The specific needs of Roma women also need to be considered within

mainstream policies such as the Youth Guarantee, active employment policy actions,

measures combating gender violence etc… Intersectional discrimination needs to be

considered in the definition of targets and actions.

• Inclusion of EU-mobile Roma and third-country nationals as specific target groups of

future National Strategies. Given the European character of the future policy framework on

the Roma population, it should consider Roma people from any European country and

include them as targets of the actions derived from it, both at European and national level.

• Strengthening of the governance system of National Strategies, increasing the mandate

and competencies of the National Contact Points (PNC). The NCPs are the backbone of each

National Strategy whose responsibilities could be increased to carry out the double

focus/mainstreaming approach that implies, in addition to the development of specific

actions, an articulation with the generalist and sectoral mediations of other ministries to

ensure that they are inclusive with the Roma population; while activating, promoting and

monitoring the implementation of the National Strategies at the regional and local levels.

This institutional coordination, together with close coordination with the ESI Funds

Management Authorities, is key to achieving the implementation of ambitious strategies

that truly generate social impact.

• The European Commission should assume greater political weight regarding the

implementation and monitoring of the EU Framework:

o Strengthen, through a Council Recommendation, the EC's role in monitoring and

supporting National Strategies

o Activate the consideration of the situation of Roma by other Directorates General/

Departments

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o Strengthen and systematise transnational cooperation for mutual learning and

active transfer of positive practices between MS.

• The current framework needs to be more differentiated, yet more binding. A “one-size-

fits-all” framework does not respond to the specific situation in which Roma find

themselves. The percentage of Roma population, as well as the scale of Roma needs vary in

the EU countries. Some countries count on large groups of segregated Roma, either in sub-

urban ghettos or in rural settlements. Other countries with relatively well integrated

autochthonous Roma populations have no meaningful response to EU-mobile Roma and

their needs. Yet other countries, are not aware of barriers to accessing mainstream services,

be they formal or informal. This variety of country cases needs to be captured by a

framework that entails both common binding elements for all, as well as specific

obligations that only apply if certain circumstances are present. Roma inclusion objectives

and targets per country need to be differentiated according to their respective situation.

The EU as a whole now has the best instruments (political, legal and financial) it has ever

had to deal with inequality and discrimination. It is only necessary to have the will to make

the best use of all of them and put them at the service of those who need them most in

order to live in cohesive and fair societies.