Gitano Legal Codes: Social Change, NGO's, and External Legal Systems'
Influence on Governance of Spanish Roma Communities

Corriggio, Jennifer Hu

2007

Abstract: Gitanos are the Roma, otherwise known as Gypsies, of Spain that are
predominantly concentrated in the southern province of Andaluia. Although the
Roma are Europe's largest transnational minority, very little efforts have been
made to understand their legal systems. Additionally, due to their long histories of
oppression in Europe and internal legal codes that discourage sharing details of
their legal systems with outsiders, their legal systems are particularly difficult to
understand and for the most part, remain enigmatic and misunderstood. This
Article analyzes the historical factors affecting the development of the Gitano
legal system by using a horizontal axis metaphor, and the present-day effects of
other legal jurisdictions and social factors on the Gitano legal system through a
vertical axis metaphor. Through this analysis, the author offers suggestions as to
how Gitanos may gain representation of their legal system without compromising
tenets of their legal codes, and hopes that a similar mode of analysis may be
applied to both Roma and other stateless communities. Critical analysis is crucial
in brainstorming for solutions in dealing with the Roma's dire social situations,
often described as "Europe's worst human rights abuse." Spain is in a unique
position to lead efforts in this arena because of the relatively more assimilated
social situations of Gitanos compared to other Roma. Also, as an established
European Union member with the largest population of Roma in Western Europe,
Spain also stands in a position to influence European Union policy towards all
Roma of European Union states. This is particularly important as Eastern
European states with high Roma populations are now slowly entering the
European Union.

Published in Michigan Journal of Race & Law v. 13 no. 1 (Fall 2007) p. 1-56
ISSN: 1095-2721