Legea de prevenire și combatere a antițigănismului. Calea punitivă este calea superficială
A Law on the prevention and combating of anti-Roma acts. The punitive ways are superficial ways

Summary/Abstract: The article analyses Law no. 2/2021 regarding measures for preventing and combating anti-Roma acts from the point of view of the more general requirements of democracy and public policy. I discuss the arguments of the initiators of the law, the opinions of the advisory bodies, and reference the laws that intersect or overlap this law; I also discuss the many facets of Roma militancy which explain the passing of Law no. 2/2021. One chapter of the study outlines the vulnerability of the Roma communities. Last, I argue for the need to rethink the system for the protection of national minorities in our country by conferring cultural autonomy to minorities. This normative reconstruction would be part of a strategy to improve the situation of Roma in Romania because a community-level institutional system would strengthen the role and the responsibility of the community in parallel to the role and the responsibility of the Romanian state. The article attempts to prove that public policy that builds the pillars for the emancipation of vulnerable populations is preferable to punitive instruments.

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