DISCRIMINATION: Segregated schools marginalise Roma children – the decisions of the Strasbourg Court must be implemented

School segregation and substandard education is a reality for Roma children in many countries in Europe. The consequences of this are devastating, and leave virtually no opportunities for these children to escape poverty and marginalisation later on in life. Decisions by the European Court of Human Rights concerning cases in the Czech Republic, Greece and Croatia reaffirm the right of Roma children to non-discriminatory schooling – everywhere in Europe.

The segregation of Roma children in education takes many forms. They may be assigned, without an objective reason, to schools designed for persons with intellectual disabilities; they may be taught in separate classes; or they may simply be denied enrolment.  

Strasbourg judgments to be respected

In a landmark decision, the Strasbourg Court found that 18 Roma children from the city of Ostrava, Czech Republic, had been the victims of discrimination. Statistics showed that they were 27 times more likely than non-Roma children to be educated in special schools designed for persons with intellectual disabilities (the case of D.H. and Others, November 2007). 

Since that judgment, the Czech Republic has been under a legal obligation to prevent this violation from re-occurring. A number of measures have been taken. For instance, the Czech government has recently adopted a national action plan with measures aimed at stopping the segregation of Roma children in particular. However, 30% of Roma children still study in so-called practical schools (designed for pupils with mild mental disabilities), compared to 2% of their non-Roma counterparts. National and international NGOs have called for more determined action.  

The Strasbourg Court has made other rulings in this area. In June 2008 the Court found Greece to be in violation of the non-discrimination provisions of the European Convention on Human Rights (Sampanis and Others). The Greek authorities had first failed to provide schooling for a number of Roma children, and had the following year placed them in special preparatory classes.  

In March 2010, the Strasbourg Court found Croatia to be in violation of the same provisions. In this case (Oršuš and Others), fifteen Roma children had been taught in Roma-only classes, allegedly due to their difficulty learning Croatian.  

Concrete measures of support

It is not only unacceptable but also illegal that Roma children are not offered education of the same quality as other pupils. European countries must allocate sufficient resources, for teacher assistants and language training for children who do not speak the official language at home. Ethnically mixed classes should be actively fostered. Statistical data should be collected to allow for review of progress.

Further information

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