Legal briefing: Statelessness and the prohibition on discrimination against Romani communities April 2023 not pursue a legitimate aim 24 and the means are not proportional to the aims pursued. 25 In addition, stateless individuals might face discrimination on account of their nationality status as a result of arbitrary detention and expulsion, or in restrictions to their economic, social, and civil and political rights. This interpretation is also applicable in the context of Article 7 CFR. In addition, European Union Member States must comply with the European Union legal framework on non-discrimination. Article 21 of the Charter of Fundamental Rights of the European Union provides that discrimination in the enjoyment of EU protected rights on several grounds, such as race, colour, ethnic or social origin, language, membership of a national minority, or birth, shall be prohibited. Member States are also bound by the Racial Discrimination Directive. 26 In accordance with the above provisions, discrimination on the grounds of statelessness is prohibited in the enjoyment of most fundamental rights, and States must ensure that stateless persons can fully and effectively enjoy their rights without discrimination based on their nationality status. 1.3. Affirmative measures to combat discrimination The identification of statelessness is an essential step to prevent stateless persons from being discriminated against in the enjoyment of their fundamental rights, followed by targeted measures to eliminate legal, administrative, and practical barriers that prevent people from accessing those rights. The principle of equality might sometimes require affirmative measures to reduce or abolish the conditions that perpetuate discrimination. 27 A person’s statelessness, addressed through the lens of discrimination, may require the State to treat the person differently from other non-nationals, because their situation is factually different. 28 According to ICERD, the prohibition on racial discrimination must be interpreted broadly since it aims at achieving formal equality as well as de facto equality. 29 Thus States must undertake measures to eliminate racial discrimination, review public policies and laws or regulations that perpetrate racial discrimination, and ensure that everyone can access rights without discrimination. Specifically in relation to the Romani population, the Committee on the Elimination of Racial Discrimination recommends that States “ensure that legislation regarding For examples, see Council of Europe, Guide on Article 14 of the European Convention on Human Rights and on Article 1 of Protocol No. 12 to the Convention, updated 31 August 2021, pp.18-19. 25 ECtHR, Kurić and Others v. Slovenia [GC], application no. 26828/06, judgment of 26 June 2012, §386; Gaygusuz v. Austria (n 23), §42. 26 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. 27 UN Human Rights Committee, ‘CCPR General Comment No. 18: Non-discrimination’, 10 November 1989, §10. 28 ECtHR, Thlimmenos v. Greece [GC], application no. 34369/97, judgment of 6 April 2000, §44. 29 UN Human Rights Council, ‘Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance’, 25 April 2018, §18. 24 6