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Stáhnout PDF - Ostravská univerzita v Ostravě

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ResuméTHE DEFINITION OF „GYPSY“ IN JURIDICAL RULES FROM THE BEGINNING OF THE 20TH CENTURY TO 1945Petr LhotkaThe definition of „Gypsy“- appellative nomination of Romanies in European room during the 20 th century changedpartly, some of attributes kept their continuity. Law regulations of the 19th century defined mostly so called homeright and in connection with it regulations for reduction of stroll or forced labour. The most important regulationrelative to Romanies in Austrian part of monarchy became decree of Vienna Ministry of Interior from 1888 aboutabatement of Gypsy´s anguish. How ensues from this juridical rule and its realization were so called gypsies definedabove all on the base of their way of life, which was considered to be typical for ethnic Romanies.After rise of independent Czechoslovakia was in law act number 117/1927 about knocking gypsiesdefinition of persons who were considered for gypsies and they were called „strolling gypsy“. Discrimination of thisfirst republican law act was based on definition „strolling gypsy“, which implied affiliation to Romany communityas one from the conditions for application this act.1933 the Nazis came in power, who outstep present conception of definition „gypsy“ applying by sequelracial theories. Nazi persecution of Romanies brought application of theory about biological conditionof malefaction and the most of anti-Romany measures was substantiated by prevention of criminality. From 1942,Protectorate anti-Romany measures adopted as a copy of German ones. The first measure beginning Nazi solution„Gypsy question“ betided governmental decree number 89/1942 about preventive abatement of criminality. As aconsequence of that, it was possible intern „gypsies“ for unlimited long time. This rule did from the definition„gypsy“ and „asocial“ a synonym acknowledged by law.Himmler´s issue from December 1942 about deportations of Romanies to Auschwitz represents a newchange in definition of „Gypsy“. Issuing of this decree meant fact, that certain ethnic group is completely asocial.Other law rules, concerning pension and social insurance, also discriminated Romanies posting them to the sameless advantageous category with Jews and Poles. Discriminatory instructions from the period of Protectorate weredesignated 1946 as unconstitutional. Another rule, act about strolling gypsies number 117/1927 was discharged aslate as 1950.246

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