| Abstract [eng] |
Background: Despite a progressive constitutional and legal framework that guarantees equality and prohibits discrimination, Roma, Ashkali, and Egyptian communities in Kosovo continue to face systemic and multifaceted discrimination in nearly every aspect of public and private life. These communities, although constitutionally recognised and protected under both domestic and international standards—including the European Convention on Human Rights and the Framework Convention for the Protection of National Minorities—remain among the most marginalised groups in Kosovo. Legal instruments such as the Law on Protection from Discrimination and the Law on the Protection and Promotion of the Rights of Communities and their Members aim to safeguard these communities, yet the gap between legal guarantees and the practical realisation of rights remains substantial. Socioeconomic exclusion, limited access to education, health care, housing, and justice, as well as widespread prejudice and institutional neglect, contribute to the persistence of discrimination, particularly in the post-conflict and transitional governance context of Kosovo. Methods: This study employs a multidisciplinary methodological approach, combining normative legal analysis with empirical data and case study evaluations. Legal analysis focuses on constitutional guarantees, statutory protections, and case law from both domestic and international courts, including the Constitutional Court of Kosovo and the European Court of Human Rights. Empirical data are drawn from the National Platform for Anti-discrimination measures, institutional reports, court verdicts, and civil society monitoring. The case study method is used to highlight documented instances of discrimination, ranging from hate speech and denial of public services to employment discrimination and violations of the right to education. Through document and content analysis of legislation, official decisions, and human rights reports, the study investigates the disjunction between law and practice, aiming to identify systemic patterns and shortcomings. Results and conclusions: Findings indicate that while Kosovo’s legal and institutional frameworks formally provide robust protections against discrimination, their implementation is weak and inconsistent. Marginalisation of the Roma, Ashkali, and Egyptian communities remains deeply entrenched due to inadequate enforcement of legal norms, limited institutional responsiveness, and low public awareness among the communities themselves. Case studies illustrate forms of discrimination, including housing denial for returnees, restriction of peaceful assembly, hate speech leading to violence, and institutional bias in employment. Reports reveal that fear of retaliation and lack of trust in institutions inhibit reporting, while accountability for perpetrators—particularly within public institutions and among private actors—remains rare. The establishment of mechanisms such as the National Platform for Anti-Discrimination measures represents a positive step, yet its reach and impact are constrained by insufficient resourcing and promotion.The study concludes that legal guarantees must be supplemented by targeted, community-specific awareness campaigns, strengthened institutional accountability, and affirmative state measures to combat structural inequality. Without political will, sustained oversight, and inclusive policymaking, discrimination will remain a lived reality for these communities. Kosovo must transform its legal commitments into practical safeguards that ensure dignity, equality, and full participation for Roma, Ashkali, and Egyptian communities in all spheres of public life. |
