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17

Cases of discrimination. Conclusions and recommendations

3. Coordinated work

and identification tools are a must

Networking is essential amongst all professional groups

working to assist victims of discrimination, i.e. profes-

sionals from social institutions, the police, hate crime

and discrimination prosecutors, lawyers and judges.

Today there are resources available to address dis-

crimination but there is not enough coordination. This

could be solved with efficient networking among the

50 provincial prosecutors specialised in hate crimes and

discrimination, the police, the courts and organisations

that assist victims of discrimination. This would help

provide a better response.

In addition to this, unified action in terms of case iden-

tification protocols and computer and recording tools

in the process of defending these cases, would pave

the way to effective defence, much in the same way

as with gender-based violence. Also, if the police and

judicial computer systems record and specifically

identify illegal discriminatory acts, we would obtain the

data that has been missing up to now. As everyone will

understand, it is not the same to be injured indiscrimi-

nately as it is to be injured because you are Roma. The

aggravating circumstance of discrimination must be re-

corded and the defence strategy must take racist mo-

tivation into account. Where discrimination is a factor, it

should be recorded and specific action taken not only

in criminal cases but in all cases.

The lack of data and statistics in this sense renders this

serious social problem invisible in Spain. Data will allow

us to get a clearer idea of the dimension of the problem

and contribute to the design of solutions, something

that our government should be working on.

4. Europe must take a stand against discrimination,

especially concerning racist and xenophobic

speeches and actions by some political leaders

The economic crisis has prompted some political lead-

ers from certain political groups in Europe to adopt a

racist and xenophobic discourse for electoral purposes,

pointing to the most vulnerable groups as the culprits

of the economic crisis (Roma, immigrants, people of

different faiths, etc.). This sort of discourse, in violation

of European law, has had a perverse effect on co-ex-

istence and encouraged the social rejection of these

groups. Furthermore, the main political parties, as well

as the European Commission and the European Parlia-

ment, have done nothing even resembling a firm stance

against these practices.

Anti-gypsyism in Spain and in several other European

countries is an everyday reality (France, Italy, Hunga-

ry, Slovakia, Czech Republic, etc.) where acts of dis-

crimination and violence have been perpetrated against

the most vulnerable Roma communities; acts that are a

direct attack on their fundamental rights (the right to

equality, education, freedom of movement, etc.) guar-

anteed under a number of different laws.

3

Specifically

we are referring to the mass expulsions, the forced re-

turn of minors as in the case of the young girl Leonarda

Dibrani in France, segregated schools, racist violence,

hate speech, etc. The response of the European insti-

tutions to all of this has been tepid at best. When it

comes to the violation of fundamental rights, rights that

form the very cornerstone of the Europe we have been

building and which is based on solid values, respect for

equality, social justice and co-existence, the European

institutions must not look the other way as this would

serve to reinforce the feeling of impunity experienced

by many Roma people when their rights are violated.

3 Universal Declaration of Human Rights of 10 December, 1948.

International Covenant on Economic, Social and Cultural Rights of 16

December 1966.

Council Directive 2000/43/EC of 29 June implementing the principle of

equal treatment between persons irrespective of racial or ethnic origin.