Anti-Roma racism and the irregularization of belonging in the legal practice of citizenship regimes

Harika Dauth’s interdisciplinary research project is situated at the intersection of anthropology of law, racism studies, and citizenship theory. It examines how anti-Roma racism is legally (re)produced within regimes of citizenship and belonging.

With a focus on Germany but situated within the broader European border and migration regime, the study investigates institutional forms of exclusion affecting Sinti and Roma as well as other individuals and groups targeted by anti-Roma racism. Drawing on the experiences of Sinti and Roma with and without German citizenship, as well as stateless Roma, citizenship is conceptualized not merely as a formal legal status, but as an institutional practice that assigns belonging and grants, restricts, or even suspends rights, depending on the context. In this sense the study builds on critical approaches that see citizenship as an institution of irregularization (Nyers 2019, 2011).

The study combines historical and empirical perspectives. It begins with a historical analysis of policies of belonging and institutional exclusion, examining how legal processes have contributed to the marginalization of Sinti and Roma over time. This historical perspective provides the basis for assessing continuities in contemporary forms of exclusion.

Dauth’s empirical research focuses on present-day dynamics. She explores the logics and meaning structures of legal regulations and jurisprudence and their structural consequences for members of the Roma, Sinti, and other people affected by anti-Roma racism. To do so, she discusses how institutions produce knowledge through the activation of categories and tropes. Particular attention is given to frequently invoked discursive tropes such as “welfare abuse” and “poverty migration” and the administrative practices associated with them. Drawing on oral history and qualitative interviews, the research explores how individuals experience administrative practices, navigate legal systems, and respond to institutional discrimination. The study also analyses case law of the European Court of Human Rights concerning claims of discrimination by Roma.

By combining the perspectives of those affected by anti-Roma racism with an epistemic analysis of law, Dauth’s doctoral thesis examines both the realities and the social effects of legal processes. It highlights how law operates in practice, the forms of knowledge it produces, and the interests and power structures it sustains. At the same time, it shows how individuals affected by anti-Roma racism act as legal and political subjects: by contesting institutional decisions, engaging in civil rights advocacy, and bringing claims before courts, they actively shape legal proceedings and contribute to the development of legal practice.