Accommodating Gypsy Travellers

Rights, Obligations and Duties

Ian Taggart LLB

Thesis presented for the degree of Legum Magister (LLM)

at the University of Aberdeen.

March 2005

Promotor: ????

Chapter 1 – INTRODUCTION

a) Introduction

b) Prejudice

c) Social Inclusion

d) Rights and Obligations/Duties

e) Methodology

Chapter 2 – RACE DISCRIMINATION LAW

a) Introduction

b) Definition of Gypsy Travellers

c) Race Discrimination Law

d) The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000

e) The Race Relations Act 1976 (Amendment) Regulations 2003

f) Racial Group

g) Additional Considerations

Chapter 3 – THE COUNCIL OF EUROPE - ECHR

a) Introduction

b) The Council of Europe

c) Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No.11

d) Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No.11

e) Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Chapter 4 – THE COUNCIL OF EUROPE – Other Treaties and Texts

a) Framework Convention for the Protection of National Minorities

b) European Social Charter

c) European Social Charter (Revised)

d) Council of Europe Texts

Chapter 5 – THE EUROPEAN UNION

a) Introduction

b) The Treaty on European Union

c) Council Directive 2000/43/EC

d) The Charter of Fundamental Rights of the European Union

e) Other European Institutions

Chapter 6– UNITED KINGDOM LEGISLATION

a) The Human Rights Act 1998

b) Case Law

c) Housing / Accommodation

Chapter 7- CONCLUSIONS

a) Introduction

b) Race Discrimination Law

c) Council of Europe

d) European Union

e) United Kingdom Legislation

 f) Rights and Obligations/Duties

APPENDICES

Bibliography

ABSTRACT

Author - Ian Taggart

Accommodating Gypsy Travellers - Rights, Obligations and Duties

This Thesis identifies enforceable legal rights and obligations/duties applicable to the Gypsy Traveller community in Scotland and, where the particular legislation is applicable, in the rest of the United Kingdom.

An examination of prejudice towards the community is undertaken and the status of the Gypsy Traveller community within the framework of Race Relations legislation established.

Rights relative to Gypsy Traveller accommodation and education are identified within Council of Europe and EU Treaties and texts.

Obligations owed to the Gypsy Traveller community, within the relevant European Court of Human Rights jurisprudence, are also identified.

Similarly, duties owed to the Gypsy Traveller community regarding accommodation and education are identified in domestic legislation and case law, particularly a duty to provide appropriate accommodation in the form of sites for the Gypsy Traveller community’s mobile homes.

Identification of these enforceable rights and obligations/duties will facilitate and should ensure the increased provision of appropriate accommodation for the Gypsy Traveller community, minimising the occurrence of unauthorised encampments nationally, which are attributable to the lack of appropriate accommodation.

Recognition of and enforcement of these rights will ensure the provision of appropriate services by public authorities to tackle not only poor accommodation but also health, education etc of the Gypsy Traveller community.

The legislation and case law referred to in this Thesis is correct at 31 January 2005.

DECLARATION

I …………………………… (Ian Taggart) declare that this Thesis has been composed by me and has not been accepted in any previous application for a degree and the work of which it is a record has been done by me. Any personal data has been processed in accordance with the provisions of the Data Protection Act 1998, and all quotations have been distinguished by quotation marks and the sources of information specifically acknowledged.