A discussion concerning "definitions" from a 2004 House of Commons Select Committee Report demonstrates many of the difficulties that arise when attempting to arrive at clear, legally-binding definitions of what is meant by the terms such as "Gypsy" and "Traveller." It highlights and some of the political complexities involved, especially when attempting to apply these definitions in the context of planning and accommodation issues.
The report begins by saying that a first "legal definition" emerged in the 1968 Caravan Sites Act. That Act stated that the term Gypsies meant "persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople or persons engaged in travelling circuses travelling together as such." In a 1994 Court of Appeal case, however, this definition was itself described as "unsatisfactory", and a new defininition was put forward: "Persons who wander or travel for the purpose of making or seeking their livelihood (not persons who move from place to place without any connection between their movements and their means of livelihood)." This definition, focusing on "habitual lifestyle" rather than "ethnicity," is the one the government currently uses, according to the report.
The report concludes by noting that: "Many Gypsies and Travellers now live increasingly sedentary lifestyles. The current definitions imply that those within the community who do not adopt a nomadic lifestyle are not actually Gypsies and Travellers. Any new definition should comprise both the alternatives of ethnic origin or similar, and nomadic lifestyle. However, we advise the Government to exercise caution in considering applying different definitions for different policies. There is already a lot of confusion surrounding definitions of Gypsies and Travellers and we would not want to see a situation where multiple definitions add to the confusion. In addition we are concerned that the issue of defining Gypsies and Travellers may be over-emphasised. The Equality of Opportunity Committee at the National Assembly for Wales recently argued that Gypsies and Travellers should have the right to self-identify. We agree with this approach, but believe that self-identification must be supported by evidence. This may enable all parties to move forward and address the problems associated with accommodation provision."
Lancaster University's Dr Joanna Kostka's work focuses on Roma inclusion and the difficulties Roma people encounter when trying to obtain legal advice.
"Understanding why there has been a disproportionate increase in social work involvement with Gypsy/Roma is complex" she says. "However, existing research, frontline casework and data collected by a number of NGOs working with Roma in the UK reveal emerging patterns. Historical disadvantages, linguistic barriers and predominantly negative experiences with public services all play significant part.”
The European Roma Rights Centre (ERRC), established in 1996, is "a Roma-led international public interest law organisation working to combat anti-Romani racism and human rights abuse of Roma through strategic litigation, research and policy development, advocacy and human rights education."
It seeks to "provide Roma with the tools necessary to combat discrimination and achieve equal access to justice, education, housing, health care and public services."