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Ján Hero, Member of CAHROM Committee by CoE Director of Private Secondary School of Zefyrin Jiménez Malla in Kremnica Slovakia EURoma meeting, 3rd-4th.

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Presentation on theme: "Ján Hero, Member of CAHROM Committee by CoE Director of Private Secondary School of Zefyrin Jiménez Malla in Kremnica Slovakia EURoma meeting, 3rd-4th."— Presentation transcript:

1 Ján Hero, Member of CAHROM Committee by CoE Director of Private Secondary School of Zefyrin Jiménez Malla in Kremnica Slovakia EURoma meeting, 3rd-4th May, Bratislava, Slovakia

2 Introduction Council of Europe Slovak Context on Roma issue 1949 – Creation of CoE Mission - to protect human rights, pluralist democracy and the rule of law; to promote awareness and encourage the development of Europe's cultural identity and diversity; to find common solutions to the challenges facing European society; to consolidate democratic stability in Europe by backing political, legislative and constitutional reform Slovakia Indipendent State State of many nationalities – Slovak(86,9%), Hungarien (9,7%), Roma (1,7%-/8%/), Czech(0,8%), Rusinien(0,4%), Ukrainien(0,2%), German(0,1%), Croation(<0,1%), Serbian(<0,1%) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

3 Legal starting points to Roma issue Council of Europe Slovak Context on Roma issue The Council of Europe's main objective is to encourage its members to take a comprehensive approach to Roma issues. This involves three main priorities - protecting minorities, combating racism, anti-gypsyism and intolerance and preventing social exclusion. One of the fundamental principles guiding this approach is participation of the communities concerned, through Roma and Travellers representatives and associations The Government of the Slovak Republic in its resolution No. 153 of 1991 declared the recognition of the Roma as a minority, guaranteed them a versatile cultural and ethnic development The Romani language is explicitly mentioned among the regional and minority languages, which SR recognises for the purposes of the application of the European Charter of regional or minority languages. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

4 Legal starting points to Roma issue Council of Europe Slovak Context on Roma issue From the point of view of creating a pan-European policy aimed at improving the situation of the Roma PA is considered crucial to clarify, align and strengthen the work of the Council of Europe, the European Union and the Organization for security and cooperation in Europe. general conditions for improving the situation of Roma: resolve the legal status of the Roma as an ethnic or national group members, in particular, to draw up and implement specific programmes aimed at improving the integration of the Roma people as individuals and minority groups in society and to guarantee the Roma communities as their participation in decision-making at local, regional, national and European level, guarantee the equal treatment of the Roma minority as with ethnic minority or naional minority group in the field of education, employment, housing, health care and public services, develop and implement affirmative action or preferential treatment of Roma and with the social excluded and disadvantaged groups in the areas of education, employment and housing, to take specific measures and create a special institution for the protection of the Roma language, culture, traditions and identity, the fight against racism, xenophobia, intolerance and to guarantee non- discriminatory treatment of Roma at local, regional, national and international level. Legislative adjustment of the position of the Roma The legislative basis governing the status of national minorities and ethnic groups in Slovakia, in particular, the Constitution of the Slovak Republic consists of 1992 and the constitutional law of 23 February 2001 amending the Constitution of the SR No. 460/1992 in which is expressed the non- conventional hierarchy of legal standards. In the art. 154c in this context writes that international treaties on human rights and fundamental freedoms, which has SR ratified and promulgated in the manner laid down by law, have been part of its legal order and have precedence over its laws if they provide a wider range of rights and freedoms. SR has ratified most of the relevant international documents on human rights and freedoms, including the rights of national minorities and ethnic groups. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

5 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (to 1992) Council of Europe Slovakia Texts adopted by the Committee of Ministers (CM): Recommendation No. R(83)1 of the Committee of Ministers on stateless nomads and nomads of undetermined nationality Recommendation No. R(83)1 of the Committee of Ministers on stateless nomads and nomads of undetermined nationality Resolution (75)13 of the Committee of MInisters on the social situation of nomads in Europe Resolution (75)13 of the Committee of MInisters on the social situation of nomads in Europe Texts adopted by the Parliamentary Assembly (PA) of the CoE: Recommendation 563 (1969) of the Consultative Assembly on the situation of Gypsies and other travellers in Europe Recommendation 563 (1969) of the Consultative Assembly on the situation of Gypsies and other travellers in Europe Slovak Context on Roma issue strongly influenced by communist regime as part of Czechoslovakia to 1989 Roma as socially group Slovak Context on Roma issue as part of Czechoslovakia after Velvet Revolution ( ) Status of national minority (1991) Opening new positions of officer for Roma minority on Ministry of Education an on Ministry of Culture Preparatory classes in Primary Schools the Colloquy organised by the Committee on Culture, Education and the Media and CLRAE of CoE in the Slovak town of Liptovsky Mikulás from 15 to 17 October 1992 ; EURoma meeting, 3rd-4th May, Bratislava, Slovakia

6 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (to 1992) Council of Europe Slovakia Texts adopted by the Congress of Local and Regional Authorities(CLRAE): Resolution 125 (1981) of the CLRAE on the role and responsibility of local and regional authorities in regard to the cultural and social problems of populations of nomadic origin Resolution 125 (1981) of the CLRAE on the role and responsibility of local and regional authorities in regard to the cultural and social problems of populations of nomadic origin The topics addressed included education, vocational training and thepromotion of Roma culture. Emphasis was placed on the need to provide information: about the situation of Roma communities in order to do away withstereotypes; about the European programmes set up and how to obtain access to them. Flexibility was called for, given the diversity of situations. This meant encouraging: micro-projects, which were appropriate in this context; networking of existing bodies. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

7 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the PA of the CoE: Recommendation 1203 (1993) of the Parliamentary Assembly on Gypsies en EuropeRecommendation 1203 (1993) of the Parliamentary Assembly on Gypsies en Europe Texts adopted by theCLRAE of the CoE: Resolution 249 (1993) of the CLRAE on Gypsies in Europe: the role and responsibility of local and regional authorities Resolution 249 (1993) of the CLRAE on Gypsies in Europe: the role and responsibility of local and regional authorities Recommendation 11 (1995) of the CLRAE on Towards a Tolerant Europe: the contribution of the Rroma (Gypsies) Resolution 16 (1995) of the CLRAE on «Towards a Tolerant Europe: the contribution of the Roma (Gypsies) Resolution 44 (1997) of the CLRAE on Towards a Tolerant Europe: the contribution of Roma Resolution 44 (1997) of the CLRAE on Towards a Tolerant Europe: the contribution of Roma – After the formation of a separate Slovak Republic in 1993, the Government, whose policy got to the power, was held in the nacionalistic spirit. Until its change in 1998 cannot be speak about a satisfactory policy of the State to Roma in Slovakia. The fracture in the approach of the Slovak Republic to the Roma issue occurred in 1998, when it began the democratic transformation of Slovakia. Democratisation was not possible without the coping with the problems of minorities in Slovakia. In particular, the situation of the Roma minority was acute. Shortcomings in the area of protection of human and minority rights, i.e the rights of the Roma, were the cause of the failure to fulfil the Copenhagen criteria for accession to the European Union in Slovakia too. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

8 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the ECRI ECRI General Policy Recommendation N°3 on combating racism and intolerance against Roma/Gypsies (1998) ECRI General Policy Recommendation N°3 on combating racism and intolerance against Roma/Gypsies In 1995 CoE has cretaed the Committee of Experts on Roma and Travellers (MG-S- ROM), whichas been tasked with advising member states and encouraging international authorities to take action where needed. Its role complements that of the Secretary General's Co-ordinator of Activities concerning Roma, responsible for promoting co-operation with other relevant international organisations and developing working relations with Roma and Travellers issues organisations The Constitution of the SLOVAK REPUBLIC from 1992, while guaranteeing national minorities and ethnic groups of the equality, rights and freedoms and for the Roma people in Slovakia should also apply to international human-rights standards, however, in the period has been in power the Government, whose policy is suffering from serious deficiencies in the area of protection of human and minority rights in General. The human right activity were supported by NGOs and from international institutions the title Roma, Gypsies and Travellers. Written by Jean-Pierre Liégeois, Director of the Gypsy Research Centre (Université René Descartes – Paris), this book is a response to Resolution 125 adopted by the Conference of Local and Regional Authorities of Europe – translation to SK supported by CoE The first contact to MG-S-ROM has started to develop Ms. Klára Orgovánová as representative of NGO. (since 2000 transferred to permanent membership by Ján Hero) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

9 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the Committee of Ministers (CM): Recommendation No. R(2000) 4 of the Committee of Ministers on the education of Roma/Gypsy children in EuropeRecommendation No. R(2000) 4 of the Committee of Ministers on the education of Roma/Gypsy children in Europe Recommendation Rec(2001)17 of the Committee of Ministers on improving the economic and employment situation of Roma/Gypsies and Travellers Recommendation Rec(2001)17 of the Committee of Ministers on improving the economic and employment situation of Roma/Gypsies and Travellers In 1999(end of 1998) was seting up the Plenipotentiary Office of the Slovak Government to address the problems of the Roma minority, since 2001 Plenipotentiary Office of the Slovak Government for Roma community In 1999 was adopted a Strategy of SR to solve the problems of the Roma national minority and the set of measures for its implementation – I-stage. In 1999 was adopted a Elaborated strategy of SR to solve the problems of the Roma national minority and the set of measures for its implementation – II- stage. (M.Šimečka -the best elaborated after 1989 befor the last from 2011 EURoma meeting, 3rd-4th May, Bratislava, Slovakia

10 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the PA of the CoE: Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe In May 2000, the Government adopted an action plan to prevent all forms of discrimination, and SR racism, xenophobia, anti-Semitism and other expressions of intolerance for the period In 2001, Slovakia has ratified the "European Charter for regional and minority languages," also for the Romani language The first document with complex steps aimed at improving the situation of the Roma minority in Slovakia have become The Priorities of the Government of the Sr in relation to Roma community for the year EURoma meeting, 3rd-4th May, Bratislava, Slovakia

11 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the PA of the CoE: Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe A major part of the Priorities was the Comprehensive development programme for Roma settlements and the Programme of social field workers Has started development of Program of Roma school assistants on the employment of the Roma-positive impact of policies had the starting of the public utility works in 2000 EURoma meeting, 3rd-4th May, Bratislava, Slovakia

12 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia The Government of the Slovak Republic in the period 1998 to 2002 established the appropriate institutions dealing with Roma question: Deputy Prime Minister for human rights, minorities and regional development. Section of the human rights and minorities, which coordinates the implementation of the action plan for the prevention of all forms of discrimination, racism, xenophobia, anti-Semitism and other expressions of intolerance for the preparation, implementation and EURoma meeting, 3rd-4th May, Bratislava, Slovakia

13 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Government Council for national minorities and ethnic groups, the new advisory, initiative and coordinating body of the Slovak Government for State minoritypolicy Advisory Board of the Plenitontentiary Office of Slovak Government for Roma communities. A huge benefit is the fact that the choir is composed of members of the Roma community. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

14 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the Committee of Ministers (CM): Recommendation Rec(2004)14 of the Committee of Ministers on the movement and encampment of Travellers in Europe Recommendation Rec(2004)14 of the Committee of Ministers on the movement and encampment of Travellers in Europe Recommendation Rec(2005)4 of the Committee of Ministers on improving the housing conditions of Roma and Travellers in Europe Recommendation Rec(2005)4 of the Committee of Ministers on improving the housing conditions of Roma and Travellers in Europe Evaluation of the priorities of the Government of the SLOVAK REPUBLIC in relation to the aim of communities for the year 2002, the Slovak Government Strategy to address the problems of the Roma community for the year 2001 the elaboration of document the Basic Theses of the Governments Policy Concept for the Integration of Roma Communities for This concept contains a number of tasks in areas such as human rights,education,employment, housing and health for resolving problems faced by Roma in these areas(multicultural approuch) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

15 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the Committee of Ministers (CM): Recommendation Rec(2006)10 of the Committee of Ministers on better access to health care for Roma and Travellers in Europe Recommendation Rec(2006)10 of the Committee of Ministers on better access to health care for Roma and Travellers in Europe In the spotlight remained the issue of housing. Still in 2002, began the construction of a lower standard and comprehensive development of Roma settlements, dwellings connected with efforts After reform´s mechanism of assistance in material need is working on a common basis, which means that benefits are fixed set of basic living conditions such as health care or housing allowance Established the first secondary school designed to study the Romany language and literature for gifted Roma children by positive precedent of Gandhi secondary school in Pecs (HU) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

16 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Adopted Measure : The MG-S-ROM adopted the agenda for the meeting, as well as the list of decisions of the 20 th meeting on ovember 2005, subject to an amendment from Slovakia. The Vice–Chair, Mr. Jan Hero, suggested including, under item IV, a reference to the discussion held in November on the decision of the Slovak Constitutional Court on the Anti-Discrimination Law, and to the Groups decision to address a letter to the Slovak authorities concerning the impact of such a decision. At the legislative level to strive for equal Roma minority also "peaked" by adopting anti- discrimination law 20th May but the problem was that strictly excluded a positive measures, which is a European standard. The constitutional court in Slovakia has ruled that affirmative action is unlawful and unconstitutional. Later came to amendment and the Act now also provides possibility of positive measures to be adopted for, among others, persons who are socially disadvantaged. ECRI thus noted in his 3rd report that this Act is broadly in keeping with international and European standards concerning the protection against racial discrimination. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

17 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the PA of the CoE: Recommendation 1633 (2003) of the Parliamentary Assembly on Forced Returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member States Recommendation 1633 (2003) of the Parliamentary Assembly on Forced Returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member States One area of progress as far as ECRIs mandate is concerned, is the adoption of a new Criminal Code in January 2006 which contains several provisions on racially-motivated crimes, including incitement to racial hatred. The Code also provides that the racist motivation of a crime is considered to be an aggravating circumstance. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

18 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia The European Court of Human Rights has ruled in favour of a Slovak woman of Roma origin who demanded compensation for being forcibly sterilized by by doctors in a public hospital in Prešov Negative case - In January 2003, published the Center for Reproductive Rights and the Center for Civil and Human Rights of Body and Soul: Forced Sterilization and Other Assaults on Roma Reproductive Freedom in Slovakia (Center for Civil and Human Rights 2003) ECRI 3rd report –..following allegations of sterilisations of Roma women without their full and informed consent, the Slovak authorities have made some legislative changes concerning sterilisations, by including the crime of illegal sterilisation in the Criminal Code. Several safeguards concerning sterilisations were also added in the Law on Healthcare including the provision that this procedure may only be carried out following a written request and informed consent. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

19 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia ECRI – 3rd report on Slovakia -period There has been an increased Roma presence on the Slovak political scene, with 19 mayors having been elected in the 2006 municipal elections. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

20 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia The Slovak authorities adopted, in May 2008, a new School Act which prohibits discrimination and segregation in education. They have also adopted a Concept of Education and Training of Roma Children and Pupils, including the Development of High School and University Education. EURoma meeting, 3rd-4th May, Bratislava, Slovakia Texts adopted by the Committee of Ministers (CM): Recommendation CM/Rec(2008)5 of the Committee of Ministers on policies for Roma and/or Travellers in Europe Recommendation CM/Rec(2008)5 of the Committee of Ministers on policies for Roma and/or Travellers in Europe Recommendation CM/Rec(2009)4 of the Committee of Ministers to member states on the education of Roma and Travellers in Europe Recommendation CM/Rec(2009)4 of the Committee of Ministers to member states on the education of Roma and Travellers in Europe

21 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the PA of the CoE: Recommendation 1924(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe Recommendation 1924(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe Resolution 1740(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe Resolution 1740(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe Recommendation 1941 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe Recommendation 1941 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe Resolution 1768 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe Resolution 1768 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe One of the objectives of this concept is to decrease the number of Roma children attending Special Elementary Schools for disabled children and to integrate them into mainstream education. In the area of housing, the Slovak authorities have built social housing to improve the conditions in which Roma live. They have also adopted detailed guidelines for the police on the manner in which forced evictions ought to be carried out in order to reduce the possibility of past human rights violations being repeated in this regard. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

22 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by theCLRAE of the CoE: Recommendation 315 (2011) of the CLRAE on the situation of Roma1 in Europe: a challenge for local and regional authorities Recommendation 315 (2011) of the CLRAE on the situation of Roma1 in Europe: a challenge for local and regional authorities Resolution 333 (2011) of the CLRAE on the situation of Roma in Europe: a challenge for local and regional authorities Resolution 333 (2011) of the CLRAE on the situation of Roma in Europe: a challenge for local and regional authorities. In March 2008, the Slovak authorities adopted aMedium-term Concept of the Development of the Roma National Minority in the Slovak Republic for the Period which incorporates the current defined issues and proposes solutions in the fields of, inter alia, education, health, healthcare and the media. The Employment Services Act also contains measures designed to assist members of this group in integrating into the labour market. Thus, it provides that private entities or public companies should have a workforce comprising 30% long-term unemployed. The majority of long-term unemployed are Roma. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

23 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Texts adopted by the ECRI ECRI General Policy Recommendation N°13 on combating anti-Gypsyism and discrimination against Roma (2011 ) ECRI General Policy Recommendation N°13 on combating anti-Gypsyism and discrimination against Roma A number of Roma community officers have been recruited in the police since ECRIs third report. Roma health workers are currently working in Roma communities to improve the health situation of the persons who live in therein. These measures are a positive step in better involving Roma in implementing measures taken to address issues of concern to their communities. In July 2007, the Slovak legislation was amended to provide subsidiary protection for asylum seekers and conditions are reported to have improved in detention centres for non- citizens. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

24 Roma-related texts adopted at the Council of Europe and its influences on the Slovak context ( ) Council of Europe Slovakia Other texts Strasbourg Declaration, High Level Summit (20 October 2010) Strasbourg Declaration, High Level Summit (20 October 2010) Final Declaration of the Summit of Mayors (22 September 2011) Final Declaration of the Summit of Mayors (22 September 2011) CoE initiative: Dosta Campaign ! The ROMED programme was launched in January 2011 as part of the implementation of the Strasbourg Declaration on Roma. It is a joint Council of Europe/European Commission action aimed at enhancing the quality and the effectiveness of the work of mediators, assistants and facilitators, by providing additional skills, tools and approaches to complement existing national and European training provisions. Slovakia has been chosen for implementation of Romed program. The program has been completed and finished for Roma school and Health mediator (40 persons) – the certificates for them are in process under cooperation of CoE and National Focal point 4 Roma Mayors or mayors by high concentration of Roma people from Slovakia have participated on Summit of Mayors There is a plan to start Dosta Campaign – this is a part of adopted Strategy for public communication to majority about Roma issue EURoma meeting, 3rd-4th May, Bratislava, Slovakia

25 CoE has got importatnt influence on improving Human rights aprouch for Roma minority living in Slovakia The overview shows indirect the big influnces on positive development Slovak Context of Roma issue - EURom is an instrument to analyse and evalute the importancy and efect of using the European structural funds We have many evidence and statistical data tha by positive legal frameworks we could not achieve the practical succes to improve the life condition for many Roma families. The chalenge is - by international cooperation to achieve good setting of National reference frameworks for next planned perion for effective inclusion process of Roma to the society by complementary aprouch of state institutions, local and regional authorities and and wide Roma participation. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

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