JOINT DISSENTING OPINION OF JUDGES TULKENS, TSOTSORIA AND PARDALOS

1. Unlike the majority, we believe that in the present case there has been a violation of Article 14 of the Convention taken together with Article 8. Admittedly there are differences between the two cases, but their common feature is that they both concern the question of prejudice against Roma people. In our view this is a particularly sensitive question as, in respect of a minority and highly vulnerable social group, prejudice is the breeding-ground of discrimination and exclusion.

2. The first case concerns a work that was written by an academic and, so long as it fulfils the requirements of scientific research, should obviously allow the free expression of critical views. However, in our view there are still certain grey areas as regards the effect of this book. It was published by the Ministry of Culture which, according to the Government, was taking steps to promote Roma culture and tradition. With this in mind, we feel that the various passages from the book that have been identified by the applicant and that, in themselves, convey a series of highly discriminatory prejudices and stereotypes, should have given rise to serious explanation by the author, more forceful in tone than the work ’ s concluding comments (see paragraph 19). Stereotypes are ready-made opinions that focus on peculiarities, and prejudices are preconceived ideas that lead to bias: they are dangerous because they reflect or even induce an implicit discrimination. In this connection, the fact that the author had not intended to insult or humiliate the Roma is not relevant. Lastly, it is difficult to accept that the offending passages, whose discriminatory nature is not in dispute, should not be regarded in isolation but in the context of the book as a whole. This contrasts with the Court ’ s judgment in Lindon, Otchakovsky-Laurens and July v. France , where it found that there had been no violation of Article 10 merely on the basis of three offending passages, without taking into account the general context of the novel in question [1] .

3. The second application, which is more problematic, concerns a dictionary published by the Language Association entitled “Turkish Dictionary for Pupils”. The fact that this dictionary was intended for pupils is of great significance in our view. Without denying that the entries in the dictionary are insulting and discriminatory against Gypsies, the Government argued that the words and expressions used were based on the historical and sociological reality and that there had been no intention to humiliate a particular ethnic group. The majority, for its part, found that there had been no discriminatory treatment on account of the fact that the terms were “of a metaphorical nature”. That explanation, in our opinion, certainly does not suffice to remove or lessen the seriously discriminatory character of the descriptions in question. On the contrary, recourse to such a form of rhetoric or figure of speech actually gives more weight to the prejudice. In a publication financed by the Ministry of Culture and intended for pupils, the national authorities had an obligation to take all measures to ensure respect for Roma identity and to avoid any stigmatisation.

4. For many years the Council of Europe has been paying particular attention to the situation of Roma. Thus, in its Resolution 1740(2010) on the situation of Roma in Europe and relevant activities of the Council of Europe, adopted on 22 June 2010, the Parliamentary Assembly of the Council of Europe urges all member States to “promote a positive image of diversity and address stereotypes and prejudices ... and develop policies and training programmes to combat anti-Roma prejudices ... ”. In its report of 26 February 2010 on the situation of Roma in Europe and relevant activities of the Council of Europe (doc. 12174), the Committee on Legal Affairs and Human Rights recalls that the Roma “constitute the largest minority in Europe” and that this minority, “even today, is still frequently rejected by the rest of the population because of deep-seated prejudices. Moreover, in these times of economic crisis, this highly vulnerable minority presents an easy target and is used as a scapegoat”. In its Recommendation CM/Rec(2008)5 to member States on policies for Roma and/or Travellers in Europe, adopted on 20 February 2008, the Committee of Ministers of the Council of Europe emphasises the role of the media and education in the persistence of anti-Roma prejudices and their potential to help overcome them.

Similarly, the European Commission against Racism and Intolerance (ECRI) general policy Recommendation No. 3 on combating racism and intolerance against Roma/Gypsies, of 6 March 1998, recommends that Governments ensure that the name used officially for the various Roma/Gypsy communities should be the name by which the community in question wishes to be known. Lastly, in its third report on Turkey , adopted on 25 June 2004, ECRI notes the decision to drop a pejorative definition of the term “cingene” (Gypsy) from a dictionary published by the Turkish Ministry of Education.

5. Lastly, the data collected by the European Union ’ s Fundamental Rights Agency (FRA), and that Agency ’ s opinions and reports specifically about Roma and Travellers, are valuable sources of information which should urge us to be more vigilant.

[1] Lindon, Otchakovsky-Laurens and July v. France [GC], nos. 21279/02 and 36448/02 , ECHR 2007 ‑ XI .