Discrimination and Roma Community Annual Report 2012 Fundación Secretariado Gitano Javier Sáez, Brussels,

DISCRIMINATION AND ROMA COMMUNITY: ANNUAL REPORT 2012 AIM: to prove with data the existence of discrimination towards the Roma community (to support lobby and political advocacy against discrimination of Roma) METHODOLOGY: gathering and recording cases of discrimination against Roma in our offices FSG (70 across Spain) and in other organizations.

STRUCTURE OF THE REPORT In-depth analysis: article by EL PAÍS journalist, analysis on racial discrimination in the ECHR, strategic litigation by FSG. Cases of discrimination: 148 casos registered (details and breakdown of data: ages, gender, fields, etc.). Headway made in combating discrimination in 2011 and 2012: Europe and Spain. Positive developments in the field of anti- discrimination.

CASES OF DISCRIMINATION 148 cases registered, but this is only a small % of the real cases (under- reporting). Cases detected in almost all Regions of Spain by our 70 FSG offices. Main fields of discrimination: employment, housing, justice and police, education, health, mass media.

FIELDS WHERE DISCRIMINATION IS DETECTED Public Security Other Housing Goods and services Education Employment Mass media

VICTIMS BY GENDER 56 victims: Women: 31 (55%) Men: 25(45%) Women Men The other cases (up to 148) are collective victims, or cases of discrimination based on hate speech and biased news in mass media.

Conclusions There is still a great degree of permissiveness, indolence and impunity when it comes to racism and discrimination towards the Roma community. Victims of discrimination are in a position of defencelessness regarding their basic social rights such as access to employment and housing which are crucial in these times of economic crisis. The media continue to frequently transmit negative stereotypes about the Roma community which has a perverse effect on the community's image and is a breach of the equality principle. The growth of anti-Roma sentiment on the Internet and social networks is of growing concern as is the difficulty in combating it. Security forces play a fundamental role in guaranteeing the right to equality; however we continue to record police actions which violate those rights rather than protect them. Spain has yet to comply with its obligations under Directive 2000/43/EC to create an independent body to promote equal treatment and non-discrimination. We have observed discriminatory speeches from some political leaders prevention of which calls for forceful measures. Spanish laws promoting equal treatment and non-discrimination are still practically unknown and are not applied in the courts. Legislative, executive and judicial branches of Spain do not promote enough measures to guarantee the right to equality.

Recommendations - An independent body needs to be created to promote comprehensive assistance, counsel and accompaniment for victims of discrimination given that the infringement of their right to equality qualifies them for protection and Spain is still lacking in that area. Victims of discrimination must not be left defenceless. - In these times of economic crisis, public measures adopted must safeguard the principle of equality and not contribute to widening the social inequality gap. - It goes without saying that public authorities should comply with the equal treatment principle. - Effective social awareness-raising initiatives must be implemented so that discrimination is considered a socially unacceptable behaviour. - The media, as key players in social awareness-raising and public opinion, must contribute to strengthening the value of equality and not contribute to any type of prejudices or stereotypes. - Anti-discrimination training is vital for all key professionals, i.e. jurists, the media, law enforcement officials, politicians, etc. - Case law is needed in this connection so that victims are able to receive compensation and to show society that there is no place for discrimination in this country. - The government needs to foster the execution of the National Strategy against racism, racial discrimination, xenophobia and other related forms of intolerance as well as the National Strategy for the Social Inclusion of the Roma Population. - It is vital that the Spanish government show the entire society its firms stance in support of equal treatment and non-discrimination.

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