Can Non-Territorial Autonomy Help to Enforce the Linguistic, Cultural and Educational Rights of the Roma?

Abstract

Racist and discriminatory policies against the Roma persist in both eastern and western Europe. Methods of repression have varied over time, but it is striking that strategies of open or tacit discrimination and expulsion of the Roma are still found in some contemporary policies of the older and transitional democracies, in EU Member States and countries that are candidates for EU membership. Of major concern is the fact that xenophobic statements and actions against the Roma often come from leading politicians or from national governments. Additionally, despite various international and regional human rights instruments, the ongoing structural discrimination that the Roma face has not yet been addressed within the existing legal framework. Many of the measures that have been proposed to address social exclusion and marginalisation are largely unenforceable; they tend to overlook the harsh living conditions, lack of access to public services, low level of education and embedded prejudice against the Roma. This paper addresses the human rights violability of cultures commonly marginalised in society. In many cases, although human rights protection regimes are enacted for certain cultures, the measures do not encompass groups that are non-dominant and territorially dispersed. The case of the Roma exemplifies not only this situation in respect of their language, cultural and educational rights in Spain and in North Macedonia, but also how the establishment and implementation of possible non-territorial autonomy (NTA) arrangements can help to overcome lasting discrimination. There is no unique model of NTA since it is applied differently in different contexts and circumstances. However, in essence, NTA arrangements can help minorities to enjoy cultural or other activities without territorial limitation. NTA can thus support the protection of territorially dispersed cultures and alleviate some of the harsh practices that they face.