Equality Bodies and Roma Rights Through the Lens of Critical Race Theory

Abstract

Roma are faced with various levels of marginalization, discrimination, and even hostility throughout Europe. This poses a challenge at all levels of governance and is being remedied through a patchwork of law and policy measures facilitated – among others – by national equality bodies. However, the Roma-related efforts of equality bodies are rather uneven. Throughout their work, equality bodies interpret the law as it applies to the Roma, defining and clarifying grounds for discrimination such as ‘race’. In this context, this article seeks to investigate how equality bodies in a selected number of European states tackle the racialization of and racial discrimination against Roma. From a Critical Race Theory approach, the analysis highlights uneasiness towards discussing race in the context of discrimination faced by Roma. While some equality bodies show discomfort with using race and instead prefer ethnicity or other grounds, others are prevented by national legislation from using race altogether, attesting to a broader context of European colour-blindness. Critical Race Theory provides a lens through which such phenomena become visible. Even if there are no apparent consequences of grounding interpretation in ethnicity and not in race, the language used does perpetuate a feeling of discomfort and the avoidance of an important concern.