<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The article discusses the legal protection of the rights of the Roma community and its members enshrined in the existing international instruments and mechanisms, particularly those concerning the protection of minorities and human rights, and in the Slovenene legislation. It critically analyses the applicable legal sources, state practice and jurisprudence in order to prove the hypothesis that autochthony, as a criterion for recognising the special rights of the members of the Roma community in Slovenia, is not imbedded in the relevant international or Slovene law and is even incompatible with international legal obligations in the field of human rights. It criticizes the suggested amendments of the Roma Community Act, which are likely to result in a regression of the status of Roma community members in Slovenia and increased non-compliance with Slovenia’s international legal obligations.</p>
</abstract>

The article discusses the legal protection of the rights of the Roma community and its members enshrined in the existing international instruments and mechanisms, particularly those concerning the protection of minorities and human rights, and in the Slovenene legislation. It critically analyses the applicable legal sources, state practice and jurisprudence in order to prove the hypothesis that autochthony, as a criterion for recognising the special rights of the members of the Roma community in Slovenia, is not imbedded in the relevant international or Slovene law and is even incompatible with international legal obligations in the field of human rights. It criticizes the suggested amendments of the Roma Community Act, which are likely to result in a regression of the status of Roma community members in Slovenia and increased non-compliance with Slovenia’s international legal obligations.

(In)Appropriateness of the Criterium of Autochthony in the Regulation on the Status of Roma in Slovenia

Treatises and Documents, Journal of Ethnic Studies / Razprave in Gradivo, Revija za narodnostna vprašanja

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The article discusses the legal protection of the rights of the Roma community and its members enshrined in the existing international instruments and...

(In)Appropriateness of the Criterium of Autochthony in the Regulation on the Status of Roma in Slovenia

Online veröffentlicht: 29. Sept. 2023

Seitenbereich: 47 - 68

DOI: https://doi.org/10.36144/rig87.dec21.47-68

Schlüsselwörter
Roma, Roma community, international legal protection of minorities, international legal protection of human rights, constitution, Roma Community Act, autochthony

© 2021 Vasilka Sancin et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

(In)Appropriateness of the Criterium of Autochthony in the Regulation on the Status of Roma in Slovenia

Online veröffentlicht: 29. Sept. 2023

Seitenbereich: 47 - 68

DOI: https://doi.org/10.36144/rig87.dec21.47-68

SchlüsselwörterRoma, Roma community, international legal protection of minorities, international legal protection of human rights, constitution, Roma Community Act, autochthony

© 2021 Vasilka Sancin et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
Roma, Roma community, international legal protection of minorities, international legal protection of human rights, constitution, Roma Community Act, autochthony