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Inter-cultural Roma non-Roma avoidance and mistrust on the local level in Italy and its legal consequences : norm non-internalization of the international right to adequate housing for migrant Roma in the presence of moral anti-Gypsyism and moral anti-Gadjeism

Slagter, C. (2013) Inter-cultural Roma non-Roma avoidance and mistrust on the local level in Italy and its legal consequences : norm non-internalization of the international right to adequate housing for migrant Roma in the presence of moral anti-Gypsyism and moral anti-Gadjeism.

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Abstract:The main research question of this thesis has been formulated in the following way: To what extent can we observe “social norm internalization” of the norm prescribing a right to adequate housing for migrant Roma in Italy, as predicted by TNLP theory, and what factors might be indicative in better understanding sub-optimal social norm internalization in the country? By taking a closer look at Roma non-Roma (or minority - majority) tensions in Italy, this study aims to provide a minor contribution to the further development of Transnational Legal Process (TNLP) theory, as first articulated by Harold Koh (1996; 1997; 1998abc; 2004; 2006). It argues that indeed a partial TNLP can be observed to be at work in Italy, where an impressive collection of Agents of Internalization (AoI’s), by actively making use of transnational legal regimes, have throughout the last 20 years, repeatedly been trying to persuade the Italian State into international norm obedience with regard to advancing the Roma right to adequate housing. The Paper concludes that full norm internalization, as predicted by TNLP theory has nonetheless not fully taken place in Italy up until this very day. 1 It furthermore closes ranks with that type of scholarly criticism, that is primarily concerned with contributing to a more accurate analysis of how complete norm internalization comes about (i.e. the way in which transnational legal norms are internalized legally, politically and socially, into domestic societies). Full blown internalization (or obedience), it is argued, does not always take place and sometimes international legal norms are only internalized in a political and/or legal sense, rather than broadly being accepted also socially by local populations. 2 The process of full norm internalization of the right to adequate housing, the author argues, is contextually sensitive and to an extent dependents on the level of resilience of underlying more powerful social norms in the form of pre-existing prejudicial ethno-moral attitudes. The paper argues that Italy can be considered to be clear example of a Case in which socially held norms (i.e. moral anti-gypsyïsm and moral anti-gadjeïsm) are in opposition to international legal norms (i.e. a right to adequate housing ), precisely because they stimulate and promote mutual distrust and avoidance between the migrant Roma and the local Italian communities, making it difficult to allow for the normative internalization of the international norm. Directing more EU resources more cleverly therefore in better trying to understand and deconstruct the psychologically underpinnings of Roma non-Roma animosities, might therefore prove to be essential and ground-breaking in truly improving obedience to the international rights to adequate housing for Roma communities within the EU.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:Public Administration BSc (56627)
Link to this item:http://purl.utwente.nl/essays/63041
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