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Worship with us @ Mountain of Fire Miracles Ministries, Budapest, Hungary Address: 1081 Bp II János Pál Pápa tér 2 (formerly Köztársaság tér) Direction: From Blaha, take tram 28, 28A, 37, 37A, 62...1 stop. From the traffic light cross to the other side... Or take Metro 4 & get off @ János Pál Pápa tér
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Thursday, 19 April 2012

MIGRATION

Refugee status for EU nationals of Roma origin in the EU? 

By Karolína Babická

 The short commentary deals with the issue of Roma rights in the EU. The Roma who are EU citizens are forbidden to request asylum in another member state, but that could possibly change in the future. To prove that the Roma ought to be treated more fairly, the article points out the fact that according to a recent ruling of the Irish Court, denial of education to a Roma child amounts to persecution under Geneva Convention, which could set an interesting precedent.

Roma as EU citizens from EU Member states are excluded from the possibility of requesting asylum in another Member State. The EU Asylum system is based on the Asylum Procedures, Reception Conditions and Qualifications Directive, all of which apply exclusively to third-country nationals. The rationale behind this is that all EU Member states follow international standards of human rights protection and non-discrimination.

This presumption, however, has been shattered in a different context by the MSS case (and confirmed by the NS and ME case being presented to the European Court of Justice), according to which EU Member States cannot automatically presume that human rights standards are upheld in other Member states when it comes to dealing with returns, as per the Dublin Regulation. Similar arguments could be now used in Roma asylum claims in the EU.
Additionally, a recent Irish case confirmed that the denial of access to basic education amounts to persecution under the Geneva Convention. A very similar situation could be found in case of the Czech Republic, Slovakia, and Hungary.
Irish court decision: Denial of education to a Roma child amounts to persecution under Geneva Convention

The Irish high court delivered the judgment on 10 November 2011 ([2011] IEHC 431), claiming that the denial of access to basic primary education of a Roma child in Serbia violates his basic human rights and amounts to persecution according to the Geneva Convention. See the summary in the Irish Times.
The Court said that while the present case certainly falls outside the classic types of persecution envisaged by the Geneva Convention involving violence and threats of violence, it seems impossible to avoid the conclusion that the denial of even basic education amounts to a severe violation of basic human rights (to adapt the language of Article 9(1) of the Qualifications Directive). In that respect, therefore, the finding that the denial of basic education in such circumstances amounts to persecution within the meaning of the s. 2 of the Refugee Act 1996 (“the 1996 Act”).
Although there is no universally accepted definition of persecution, the judge quoted from Professor James Hathaway’s book, The Law of Refugee Status, where persecution is defined as “the failure to implement a right within the category which is either discriminatory or not grounded in the absolute lack of resources.”
The judgment is interesting not only for defining persecution, but also from the point of view of Roma being granted asylum in the EU. Although Serbia is not an EU Member State, it might have an impact on further asylum applications of Roma based on denial of access to basic education.

Karolína Babická is a PhD researcher at the Charles University, Faculty of Law focusing on international and European migration law. She is currently a visiting PhD researcher at the Institute for European Studies, Vrije Universiteit Brussel.

SOURCE: migrationonline 

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Editor's Mail

Love the article on Gaddafi
We must rise above tribalism & divide & rule of the colonialist who stole & looted our treasure & planted their puppets to lord it over us..they alone can decide on whosoever is performing & the one that is corrupt..but the most corrupt nations are the western countries that plunder the resources of other nations & make them poorer & aid the rulers to steal & keep such ill gotten wealth in their country..yemen,syria etc have killed more than gadhafi but its not A̷̷̴ good investment for the west(this is laughable)because oil is not in these countries..when obasanjo annihilated the odi people in rivers state, they looked away because its in their favour & interest..one day! Samosa Iyoha

Hello from
Johannesburg
I was amazed to find a website for Africans in Hungary.
Looks like you have quite a community there. Here in SA we have some three million Zimbabweans living in exile and not much sign of going home ... but in Hungary??? Hope to meet you on one of my trips to Europe; was in Steirmark Austria near the Hungarian border earlier this month. Every good wish for 2011. Geoff in Jo'burg

I'm impressed by
ANH work but...
Interesting interview...
I think from what have been said, the Nigerian embassy here seem to be more concern about its nationals than we are for ourselves. Our complete disregard for the laws of Hungary isn't going to help Nigeria's image or going to promote what the Embassy is trying to showcase. So if the journalists could zoom-in more focus on Nigerians living, working and studying here in Hungary than scrutinizing the embassy and its every move, i think it would be of tremendous help to the embassy serving its nationals better and create more awareness about where we live . Taking the issues of illicit drugs and forged documents as typical examples.. there are so many cases of Nigerians been involved. But i am yet to read of it in e.news. So i think if only you and your journalists could write more about it and follow up on the stories i think it will make our nationals more aware of what to expect. I wouldn't say i am not impressed with your work but you need to be more of a two way street rather than a one way street . Keep up the good work... Sylvia

My comment to the interview with his excellency Mr. Adedotun Adenrele Adepoju CDA a.i--

He is an intelligent man. He spoke well on the issues! Thanks to Mr Hakeem Babalola for the interview it contains some expedient information.. B.Ayo Adams click to read editor's mail
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