The ECRI defines racial discrimination as differential treatment based on a prohibited ground such as “race”, colour, language, religion, nationality or national or ethnic origin, which has no objective or reasonable justification. Although the ECRI rejects theories based on the existence of different ‘races’
– since all human beings belong to the same species –, they still use this term in order to ensure that those people who are generally and erroneously perceived as belonging to “another race” are not excluded from protection. Discriminatory actions are rarely based solely on one or more of the prohibited grounds, but are rather based on a combination of these grounds with other factors.
In its first General Policy Recommendation, in 19961, ECRI proposed a series of concrete measures for combating racism, xenophobia, antisemitism and intolerance, in areas such as law, law enforcement and judicial remedies, education, cultural policies, research, in-service training for various professionals,
public services, labour market, housing and data collection. To date, ECRI has published 16 General Policy Recommendations. There are four forms of racial discrimination which are particularly widespread in Europe, and specific General Policy Recommendations have been published for each of them: antigypsyism, discrimination against Muslims, discrimination against migrants and antisemitism.
The results of the monitoring activities of the Council of Europe show that Roma and Travellers2 in Europe suffer from widespread and persisting antigypsyism and fall victim to various forms of discrimination, including lack of access to birth registration, social services and health-care, and segregation
in education. Antigypsyism is an especially persistent, violent, recurrent and commonplace form of racism, an ideology founded on racial superiority, a form of dehumanisation and institutional racism nurtured by historical discrimination, which is expressed in many ways, among them by violence, hate speech, exploitation, stigmatisation and the most blatant kind of discrimination. Children growing up in such a hostile environment are affected by passivity, frustration and marginalisation, as well as by mutual stereotyping and the fear of interacting with others due to the segregation, the wrong perceptions of the “others”, and the lack of possibilities for social interaction. In order to combat antigypsyism, the governments must:
End segregation in schools, and eliminate harassment of Roma pupils
End negative stereotyping in school textbooks
Eliminate obstacles to equal participation in education and make nursery education genuinely accessible
Use school mediators to liaise between parents and schools and to encourage parents to get their children to attend school
Ensure Roma pupils are fluent in official languages
Foster knowledge of Roma language, culture and history, and train teaching staff to facilitate intercultural dialogue and improve society’s awareness of antigypsyism
Register all Roma children at birth and ensure all Roma are issued with identity documents.3
The ECRI issued guidelines for combating intolerance and discrimination against Muslims that offer governments practical recommendations for fostering awareness and tolerance. Governments have a duty to uphold the freedom of religion and guarantee that the followers of all faiths and none
may live and thrive in their societies without fear of intolerance and discrimination. Special attention should be paid to the situation of Muslim women and girls because they may suffer from multiple discrimination on grounds of gender and religion as well as ethnic origin. Governments should combat religious discrimination in access to education and ensure that religious discrimination is not fostered in schools.4
Migrant children are a particularly vulnerable group who not only need protection on account of their age but also, in some cases, on account of their legal or administrative status in the country and because they are often unaccompanied, which renders them especially vulnerable. The ECRI recalls states’ obligation to respect children’s rights and their best interests, regardless of immigration status:
Recognise and ensure the right to respect for family life, bearing in mind the best interest of the child to reside with his or her parent(s), family member or guardian irrespective of their immigration or migratory status
Guarantee their access to preschool, primary and secondary education under the same conditions as nationals of the host member state, and ensure that school authorities do not require proof of immigration status for enrolment
Recognise the specific obligation to ensure adequate shelter for all children, including those whose parent(s) is or are irregularly present, regardless of whether or not they are unaccompanied
Ensure that all children regardless of their immigration status have full access to national immunisation schemes and paediatric care.5
The Committee of Ministers of the Council of Europe has addressed the specific vulnerability of migrant children in transition to adulthood by recommending that governments ensure that young refugees receive additional temporary support after the age of 18 to enable them to access their rights, and by recognising and strengthening the role of youth work in promoting better access to these rights.6
Antisemitism has been included by ECRI, since its inception, in the aspects addressed in country monitoring. The results of various monitoring cycles show that Jewish people in Europe continue to experience antisemitic hatred, including violence. Moreover, there is an increase in antisemitism in many member
states, characterised by contemporary forms of antisemitism and the spread of antisemitism and hatred online. Extremist groups, especially Neo-Nazis, right wing extremists, in particular violent Islamists7, as well as certain left-wing extremists pose particular threats to the safety of Jewish communities and their members. Manifestations of antisemitism include discrimination and hate speech – including Holocaust denial and distortion – threats, acts of violence such as desecration of Jewish cemeteries, monuments and synagogues, physical assaults against Jews or those believed to be Jews and even murder and deadly terrorist attacks. In most stereotypes, the “other” is portrayed as inferior by nature, but with antisemitic prejudice, assumptions of special powers (financial, political, global) and conspiracy theories are more prevalent than portraying Jews as sub-humans (though that happens as well). Young Jews in Europe are targets of antisemitism particularly online, but face problems in public places as well. Jewish women are harassed, particularly online, on the grounds of their gender and their religion. In this sense, special measures need to be taken by governments to give a high priority to the fight against antisemitism – including its intersectional manifestations – by taking all necessary measures for policies and institutions coordination, prevention/education, protection and prosecution/law enforcement8.
Discrimination based on disability
The Convention on the Rights of Persons with Disabilities (CRPD) defines people with disabilities as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. The social model of disability – introduced by the CRPD – encourages us to eliminate all barriers created by the social and physical environment which inhibit disabled people’s ability from participating in society and exercising their rights. Such actions might include promoting positive attitudes in society as a whole, and modifying physical barriers, such as public buildings (like schools) without wheelchair access.
Children with disabilities have the same human rights as any other children. However, usually stemming from misperceptions and negative attitudes, they often face social, legal and practical barriers in exercising their rights on an equal basis with others. It is in their best interests to grow up as part of a family and develop trusting relationships with parents and siblings, relatives and friends. In order to achieve this, it is vital that we listen to them, take them seriously and promote their self-esteem, as well as support and reinforce their families in their capabilities. Children with disabilities should have access to education, health-care and social services, and be provided with equal opportunities to be engaged in play, cultural and recreational activities. They have the right to access information from a diversity of sources that are adapted to their interests and complex communication needs. Deinstitutionalisation intended to involve children and young people with disabilities in the community can significantly contribute to a change in the situation.
In accordance with the social model, disability should be regarded as part of human diversity and approached with ‘reasonable accommodation’. The CRPD defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. In the case of children, this might involve the provision of individualised support measures at schools, such as adapted teaching methods, materials and programmes, and making available the use of assistive technology and alternative examination formats. The denial or failure to provide reasonable accommodation is, in itself, considered discrimination.
The term ‘children with special educational needs’ is also used to cover those with other learning difficulties in schools, including behavioural difficulties, where these are interfering with their overall development and progress. As part of the movement towards inclusive education, schools are required to adapt their curriculum, teaching and approach, and to provide additional support to help all pupils achieve their potential.
How are children with disabilities educated in your country?
What provisions are made for children with special educational needs?
Discrimination on the grounds of sex and/or gender
Gender stereotypes are preconceived ideas whereby males and females are arbitrarily assigned characteristics and roles determined and limited by their sex. Gender stereotyping presents a serious obstacle to the achievement of real gender equality and feeds into sexism or gender discrimination.
Although women are disproportionately affected by sexist behaviour, men can face discrimination, also, for example, when they are not allowed to take parental leave to raise their child on an equal basis with women.
Discrimination on the grounds of sexual orientation or gender identity among young people is a factor contributing to isolation, under-achievement and anxiety, and may even lead to suicide attempts. Failure to address issues related to sexual orientation or gender identity may have harmful consequences for the self-esteem of young lesbian, gay, bisexual and transgender people.
The Council of Europe have recommended member states to take measures to combat discrimination faced by children and young people on the grounds of sexual orientation or gender identity, including ensuring the right to education, a safe environment and measures to promote respect and non-discrimination at school.9
Children may also encounter discrimination when their family are not treated the same way as a typical nuclear family, which has an opposite-sex married couple with children as its basis. In many Council of Europe member states same-sex couples can be officially recognised under registered partnership or marriage legislation. In order to protect the family unit, the Council of Europe recommends several measures for governments to ensure that the rights and obligations of same-sex partnerships are equivalent to those of different sex couples in a comparable situation and that the child’s best interest prevails in decisions regarding adoption.6
Do children you work with use homophobic remarks, perhaps even without understanding them?
What can you do to address this issue?
Education for non-discrimination
Several international human rights instruments have acknowledged the importance and power of education to combat discrimination and intolerance. The CRC states that “the education of the child shall be directed to … the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin” (Article 29).
It is important for educators to develop in every child attitudes of tolerance and non-discrimination, and to create a learning environment that acknowledges and benefits from diversity instead of ignoring or excluding it. As part of this development, those who work with children or youth, as well as children and young people themselves, need to become aware of their own and others’ attitudes and behaviour, and be able to identify discrimination when it occurs. This ability needs to be communicated to children, and activities that encourage role play and promote empathy can be used to help all children to develop self-awareness, and also help to develop resilience and assertiveness in children who experience discrimination.
How are children with disabilities educated in your country?