Council of Europe adopts recommendation on improving access to justice for Roma and Travellers in Europe

On 17 October 2017, The Council of Europe’s Committee of Ministers adopted a new recommendation aimed at improving access to justice for members of the Travelling and Roma communities.

The recommendation, which was drafted by the Ad Hoc Committee of Experts on Roma and Traveller Issues (CAHROM), fits into the first priority of “Improving access to justice and fighting anti-Gypsyism” of the Council of Europe Thematic Action Plan for the Inclusion of Roma and Travellers 2016-2019 adopted by the Committee of Ministers in March 2016.

The rights of women and girls within these communities who are victims of crime. Citing the Council of Europe Strategy for Gender Equality 2014-2017 which ensures the equal access to justice for women, the Committee considered that Traveller and Roma girls and women face serious forms of gender based violence.

The Committee was particularly concerned with intersectional discrimination forms of discrimination, for example based not only on ethnicity but also based on sex, gender, sexual orientation, gender identity, age, disability, nationality (or lack thereof), residence status or religion. The Committee also noted that Roma and Travellers are more vulnerable to violence, discrimination and exclusion in contravention of their legal rights.

The recommendations therefore emphasise the importance of eliminating discriminatory obstacles to legal proceedings, of equal access opportunities to legal aid and legal services, quasi-judicial methods of conflict resolution and the effectiveness of judicial remedies

A brief outline of the recommendations given by the Committee of Ministers is as follows:

1. To pay particular attention to the situation of women, young people and people with disability when attempting to facilitate equal access for Roma and Travellers;
2. Facilitate equal access to legal aid or other free legal services for Roma and Travellers;
3. Facilitate equal access to legal services for Roma and Travellers;
4. Facilitate equal access to quasi-judicial methods of conflict resolution, including alternative dispute resolution for Roma and Travellers; and
5. Facilitate equal access to court and ensure the effectiveness of judicial remedies for Roma and Travellers.

This new recommendation is of great significance for the joint Council of Europe and European Commission JUSTROM programme which is broadening access to justice for Roma and Traveller women. The programme has established legal advice centres in Bulgaria, Greece, Ireland, Italy and Romania, while focusing on improving awareness of human rights and relevant institutions amongst Traveller and Roma women.

Click here for the Committee’s recommendations.