Submitted by crinadmin on
Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. ____________________________________________ The segregation of Roma children from mainstream education UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee notes with appreciation the State party's acknowledgement of the severity of the discrimination faced by the Roma population in its territory and also welcomes the various non-discrimination awareness-raising campaigns and projects undertaken by the State party. However, the Committee is deeply concerned that in spite of its previous recommendations (CRC/C/15/Add.201 paras 29, 30, 55 and 68) and the 2007 decision of the European Court of Human Rights, D.H. et al. vs. the Czech Republic, there continues to be serious and widespread issues of discrimination, particularly against the minority Roma children in the State party, including the systemic and unlawful segregation of children of Roma origin from mainstream education. The Committee also regrets that, although the State party has implemented an Anti-Discrimination Act in accordance with European Union law (European Community Directives 2000/43/EC and 2000/78/EC) and committed to the Strasbourg Declaration on Roma (2010) and Council of Europe Committee of Ministers' Recommendation on policies for Roma and/or Travellers in Europe, it has yet to effectively implement a comprehensive national plan on the prevention of racism, racial discrimination, xenophobia and intolerance in accordance with the Durban Declaration and Plan of Action. The Committee urges the State party to expeditiously take all measures necessary to ensure the effective elimination of any and all forms of segregating children of Roma origin, especially the discriminatory practices against them in the education system and the provision of essential services and housing in accordance with its commitments under the Strasbourg Declaration on Roma (2010) and in pursuance of the Council of Europe Committee of Ministers' Recommendation on policies for Roma and/or Travellers in Europe. The Committee further urges the State party to effectively adopt a comprehensive national action plan on the prevention of racism, racial discrimination, xenophobia and intolerance, taking into full account all the relevant provisions of the Durban Declaration and Plan of Action, with particular emphasis on Article 2 of the Convention. (Paragraphs 30 & 31) The Committee notes as positive the Education Act (2004) which formally abolished the State party's so-called special schools and the ongoing implementation of the National Action Plan for Inclusive Education (2010) which aims at establishing clear and objective criteria for placement in special education as well as improving the sensitivity of the educational professionals and fostering a system based on cultural diversity. However, the Committee remains deeply concerned that in practice the segregation of children of Roma origin continues to take place, through, inter alia: (a) the slow operationalisation of effective reform measures to facilitate inclusion and integration, which has led to schools formerly designated as 'special' and those in socially excluded areas continuing to be attended by a majority of children of Roma origin; (b) the low rates of actual implementation of culturally sensitive or adapted tests at pedagogical-psychological clinics for determining the academic/intellectual abilities of children from ethnic minorities; (c) the continued placement of children of Roma origin in separate classes as well as the teaching of such children with reduced syllabus formerly used for special schools; (d) the absence of financial support for children from socially or financially disadvantaged situations resulting in the tendency for such children to be categorised as having 'disabilities' in order to receive additional financial resources designated for children with disabilities; (e) the lack of early childhood development and care programmes for all children, especially those in need of preparation for school and additional support during the first 6 years of life; (f) the lack of genuine informed consent in the process leading to a child's placement in Framework Education Programme for Children with Light Mental Disabilities, due to the fact that the informed consent materials have, up to now, been written in technical language that is not readily comprehensible. Furthermore, the documentation does not provide for any clear means for contesting a decision on placing the child into "special education" or reviewing it on a regular basis. (Paragraph 61) The Committee recommends that the State party ensure: (a) The full and effective integration of children of Roma origin in the school system, and in doing so apply practical measures that facilitate diversity and inclusion in all schools for all children, regardless of their ethnic or socio-cultural background; (b) That the content and conduct of tests for determining a child's academic/intellectual abilities are culturally sensitive and applied consistently and universally; (c) That all mainstream schools use an educational syllabus that is standardised, consistent and applied throughout the State party's territory; (d) The provision of adequate financial support for children from socially or financially disadvantaged situations, so as to rectify systemic tendencies for schools to intentionally place children without disabilities in special education in order to obtain additional financial resources; (e) That a comprehensive policy of childhood care is developed, taking into consideration (i) the Communication from the European Commission on Early Childhood Education and Care: Providing all our children with the best start for the world of tomorrow (COM(2011) 66 ), (ii) the Decision of the Council of Europe Committee of Ministers (CM/Del/Dec(2011)1115), and (iii) the Committee's General Comment No. 7 (CRC/C/GC/7/Rev.1) on implementing children's rights in early childhood. (f) that the Ministry of Education and other relevant authorities, including school authorities interacting directly with parents, take all measures to ensure that (i) the information, materials and process relating to the placement of a child in special education is written in language that is comprehensible and fully explains the implications of such placement, (ii) the decision for such placement be properly documented in written form, (iii) channels for contesting such placement decisions be made readily and practicably accessible to parents, and (iv) regular review by an independent body be undertaken to ensure that continued placement in special education is in the best interests of the child. In doing so, the Committee urges the State party to establish a detailed timeline with defined benchmarks in order to expeditiously implement the above recommendations and regularly monitor the State party's progress in doing so. (Paragraph 62) Human Rights Committee (Concluding Observations, July 2007) While acknowledging the elimination of the category of "special schools", the Committee remains concerned that a disproportionately large number of Roma children attend classes with distinct curricula, which appears to lack sensitivity for the cultural identity of, and specific difficulties faced by, Roma children. The Committee is also concerned at reports that a disproportionately high number of Roma children are removed from their families and placed in social care institutions. (arts. 24, 26 and 27). The State party should carry out assessments of special educational needs of the Roma, taking account of their cultural identity, and develop programs aimed at ending the segregation of Roma in schools. The State party should also ensure that the Roma children are not deprived of their right to family life. (Paragraph 17). Also see the Czech Republic's follow-up report to the Human Rights Committee: http://wiki.crin.org/mediawiki/index.php?title=Czech_Republic:_UN_Treaty_Bodies#fo UN Committee on the Elimination of Discrimination against Women (Concluding Observations, November 2010) The Committee notes with concern that women and girls are starkly underrepresented in technical schools and scientific research work, as well as in university teaching positions. It also notes with concern the disproportionately high number of Roma girls who drop out of or fail to attend school, especially in socially excluded areas, and the segregation of many Roma girls in schools for pupils with mild mental disabilities. (Paragraph 28) ...The Committee urges the State party to make the National Action Plan on Inclusive Education fully operational and reinforce its programmes to include Roma girls in mainstream education, such as the teaching assistants programme and the special grant scheme aimed at promoting the participation of Roma girls and boys at the secondary level. It also recommends that the State party intensify its efforts to reduce school dropout and absenteeism of Roma girls and educate teachers on countering persistent prejudices against Roma and negative gender stereotypes and gender equality policies. (Paragraph 29) UN Committee on the Elimination of Racial Discrimination (Concluding Observations, August 2011) The Committee expresses its concern regarding the persistent segregation of Romani children in education as confirmed by the decision of the European Court of Human Rights of 2007 and the 2010 report of the Czech School Inspection Authority. The Committee is concerned with reports that the practice of linking social disadvantage and ethnicity with disability for the purposes of school class allocation has continued rather than been removed by recent regulations. Furthermore, some amendments to regulatory decrees which take effect in September 2011 may reinforce discrimination against Romani children in education and that practical changes which will benefit Romani children under the Government National Action Plan for Inclusive Education are only envisaged from 2014 onwards (art. 3 and 5). In line with its previous Concluding Observations and General Recommendation No. 27 (2000) on discrimination against Roma, the Committee urges the State party to eliminate any discrimination or racial harassment of Romani students, prevent and avoid the segregation of Romani students, while keeping open the possibility for bilingual or mother-tongue tuition. The Committee recommends that the State party take concrete steps to ensure effective de-segregation of Romani children and students and to ensure that they are not deprived of their rights to education of any type or at any level. The Committee finally recommends that the State party undertake full consultation with Roma stakeholders with regard to education, and to promote awareness of Roma rights and enhance their capacities to address the discrimination they experience including in education and by school authorities. (Paragraph 12) The Committee is concerned by the results of a study conducted by the European Roma Rights Centre and a group of non-governmental organisations that within 22 child care institutions in the five regions of the Czech Republic included in the study, 40.6 per cent of children were Roma. While acknowledging the overarching need for adequate protection of children, the Committee is conscious that the over representation of Romani children in State care institutions may reveal a disregard of Roma rights (art. 2 and 5). The Committee recommends that the State party include in its overall strategy the issue of overrepresentation of Romani children in State care institutions by addressing the root causes of this phenomenon including poverty of Roma parents and limited resources of child protection authorities. The Committee also recommends that the State party organise further training and education for associated professionals and personnel on Roma rights. (Paragraph 13) UN Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance Country visit: 19-30 September 1999 Discrimination in education: The education system tends to relegate Roma children to "special" schools, considered by some to be institutions for the mentally handicapped or for children suffering from what is regarded as a social behaviour. The government estimates that 70 to 80 per cent of Roma children attend institutions of this type. As a result, a large number of Roma children leave school without primary school qualifications, since education completed at special schools is not considered as completed primary education, nor is completion of a grade lower than eighth. Uncompleted primary education makes studies at secondary school impossible and even precludes attainment of a qualification in regular apprenticeship. The lack of qualifications among adult Roma is one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community. Over time, this "parallel" system of education has separated Roma children from the majority of Czech children from their earliest age, which is hardly conducive to social harmony between the different components of the Czech population. (paragraph 15) Equality measures taken by the government: The Czech government will undertake measures to achieve equality by 2020. These actions will cover access to education and higher qualifications for members of the Roma community and for individuals from similarly affected groups. In its actions the Czech government will make use of special classes, preparatory classes and courses, extra pay for teachers who work individually with students in such groups, remunerated additional instruction, scholarships for Roma students and certain preferential treatment of Roma companies in placing orders. However, the Government will not use quotas determining the percentage of Roma among applicants admitted to schools. (paragraph 35) At the same time, within the scope of such additional education and training activities, the government does not want to give preferential treatment only to members of the Roma community, nor does it intend to favour all members of the Roma community. Criteria for selection of those who would benefit from the equality measures will be specified so as to include all persons in need, irrespective of nationality, race, ethnic origin, etc. Terms already in use, such as: "persons that are difficult to place on the labour market", "children with specific educational and training needs", etc. will be defined; the equality measures will be directed at groups defined in that way. About 80 per cent of persons to whom the equality measures will apply will be members of the Roma community and at least 70 per cent of the members of that community will need such specific help. (paragraph 36) Educational measures taken by the government: The government will introduce changes in the educational system in order to ensure that Roma children are as successful as others. In order to achieve this goal, it will use various methods, including dismantling language barriers, preparatory classes, using the Romany language as a supplementary teaching language, employing Roma assistants at schools and, in particular, taking an individual approach to students. The system by which a large majority of Roma children pass through special schools and are thus assigned to the least qualified work for the rest of their lives will be replaced by a system of flexible and equality-directed classes at elementary schools with a smaller number of pupils than in normal classes. (Paragraph 37) Recommended educational measures: Preparatory classes, the presence of Roma assistants at schools and equality-oriented classes are creditable methods. However, what is most important is individual care, which requires fewer students in classes and special preparation of teachers. In order to achieve such individual care, it is necessary to provide additional training for teachers and to reduce the number of students, particularly in the early grades. Pedagogical and psychological advice centres will decide which children are having educational and training difficulties. In the first phase experienced teachers from special schools who have acquired special education and experience with individual care of children could be recruited to teach at elementary schools. (Paragraph 38) The segregation of Roma schoolchildren should be stopped through steps to ensure equality of opportunity for this population and equitable access to education for all. (paragraph 142) Measures taken by the government to promote Roma culture and encourage tolerance: The government will ensure that education and training at all schools will be multicultural, that it will be education for tolerance, and that the objective of such education will be a multicultural society. Education and training in State and State-subsidised schools remains monocultural; at school, children learn only about the history and culture of the Czech nation; where they learn about the history and culture of other nations, these are usually large nations that have their own States. If the information is in some way related to the Czech nation and State, it is usually tendentious and one-sided. (Paragraph 41) Measures to increase Roma security: The Special Rapporteaur highlighted the positive steps made on a local level - the city of Brno in Moravia – to combat racism, which has a strategic plan to improve inter-ethnic relations between the majority population and the Roma minority. This plan is aimed at the integration of the 16,000 Roma in the city, and includes cultural programmes and educational and vocational training projects. The Special Rapporteur visited Roma House, which is a meeting and activity centre, providing educational support and vocational training for Roma, furnishing advice and psychological support to persons in need and also offering recreational facilities for children of Roma families. The local government also employs a Roma adviser to help in designing and implementing its projects. (paragraph 52) Action by civil society: Several non-governmental organisations and community associations provide legal or social support to the Roma in an effort to find solutions to their problems. The Roma Movement concerns itself with child education; it organises seminars on the problems involved in educating Roma children. In 1997, the R-Mosty civic association initiated a campaign in Prague schools on the subject of "Education for tolerance and against racism". Many talks on the subject have been given in schools. (Paragraph 54) The European Roma Rights Centre, a regional non-governmental organisation, has been conducting in-depth studies of the various manifestations of racism and racial discrimination in the country and furnishes legal aid to victims. In June 1999, the Centre also filed a complaint with the Constitutional Court against the municipality of the town of Ostrava and the Ministry of Education for segregating Roma children in special schools for the mentally handicapped. (Paragraphs 55 & 56). Universal Periodic Review (April 2008) - 24. In the implementation of public policy for Roma, to take into account ethnic and cultural diversity and the specificities, needs, lifestyles and identity of the beneficiaries and to consider the possibility of establishing bilingual compensatory school programmes for Roma children (Mexico) – accepted by the Czech Republic. European Court of Human Rights In November 2011, in D.H and Others v. Czech Republic the European Court of Human Rights ruled that the Czech Republic had practised racial discrimination by wrongly channelling Roma children into remedial education schools. For details of the case, go to the Council of Europe's Theseus project also offers a database containing Court case law relevant to children's rights. ---------------------------------------------------------------- The detention of illegal immigrants under-18 UN Committee on the Rights of the Child (Concluding Observations, June 2011) [...] the Committee remains seriously concerned about the continuing practice of detaining asylum-seekers, including children. While noting the State party's ongoing efforts to improve the situation, the Committee is concerned at the situation of detained asylum-seeking families and guardians with minors at the specialised detention centre in Bela-Jezova which does not meet the required standard for asylum-seeking children's well-being and their best interests. The Committee reiterates its previous recommendation (CRC/C/15/Add.201) to the State party to avoid any form of detention of asylum-seekers under 18 years of age. The Committee further recommends that the State party consider all possible alternatives, including unconditional release, prior to detention and emphasises that this should not be limited to unaccompanied or separated minors, but extended to all cases involving children. In doing so, the Committee draws attention to UNHCR's Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers (26 February 1999). (Paragraph 64) Human Rights Committee (Concluding Observations, July 2007) The Committee notes with concern that, according to Section 125 of the Foreigners Act, a foreigner awaiting deportation who is under the age of 18 may be detained for up to 90 days (arts.10 and 24). The State party should reduce the period of detention for foreigners awaiting deportation who are under the age of 18, bearing in mind its obligation under article 24 of the Covenant to take measures for the protection of children without discrimination. (Paragraph 15). UN Committee against Torture (Concluding Observations, June 2004) The Committee expresses concern about the following: The fact that minors are not kept separately from adults in all situations of detention (5c) And recommends that the State party: Ensure that persons under 18 years of age are detained separately from adults in all circumstances; (6e) Review the strict regime of detention for illegal immigrants with a view to its repeal and ensure that all children held in these detention centres are removed with their parents to family reception centres; (6m) ---------------------------------------------------------------- Trafficking of women and girls for sexual and economic exploitation UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee recommends that the State party: ...ensure, through adequate legal provisions, procedures, and regulations, that all child victims and and/or witnesses of crimes, including children victims of abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking, have effective access to justice and are provided with the protection required by the Convention, fully taking into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22 July 2005). (Paragraph 68.f) Human Rights Committee (Concluding Observations, July 2007) While the Committee acknowledges the efforts of the State party to address and combat the trafficking and commercial sexual exploitation of women and children, the Committee remains concerned about this phenomenon and the lack of coordinated system of response (arts. 3, 8, 24 and 26). The Committee emphasises the importance of continuing to reinforce its measures to combat trafficking and commercial sexual exploitation of women and children, by establishing a coordinated system of response, and by prosecuting and punishing perpetrators (Paragraph 12). UN Committee on the Elimination of Discrimination against Women (Concluding Observations, November 2010) The Committee notes the efforts by the State party to combat trafficking in women and girls, especially for purposes of sexual and economic exploitation, including forced labour, through legislative, policy and institutional measures. Such measures include the adoption of the National Strategy to Combat Trafficking in Human Beings for the period 2008–2011, the Programme of Support and Protection of Human Trafficking Victims, and efforts to regulate the criminal responsibility of legal entities for conduct punishable under international treaties on trafficking in human beings. However, the Committee is concerned about gaps in the systematic identification of victims of trafficking, the exclusion from the Programme of Support and Protection of Human Trafficking Victims of victims who are unable or unwilling to cooperate with the prosecution authorities and the potential negative impact on the timely identification of and assistance to victims of the inclusion of trafficking in the new Criminal Code in the list of crimes which must be reported by everyone, including NGO workers. The Committee is also concerned about the low number of criminal convictions for trafficking in women and girls, and the vulnerability of Roma and migrant women and girls to becoming victims of trafficking, especially for purposes of forced prostitution and forced labour. It notes with concern that the State party has still not ratified the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing that Convention and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. (Paragraph 24). The Committee recommends that the State party adopt and implement a standardised policy for all relevant governmental bodies to identify victims of trafficking in human beings; provide regular training to officials dealing with trafficked persons on the identification of and assistance to victims and on the referral to the asylum system of those potentially in need of international protection; review the Programme of Support and Protection of Human Trafficking Victims to ensure that victims receive the necessary assistance and protection, irrespective of their cooperation with the prosecution authorities; and consider exempting workers of organisations assisting victims of trafficking from the notification duty under the new Criminal Code. It calls on the State party to ensure that perpetrators of crimes related to trafficking, especially for purposes of forced prostitution and forced labour are brought to justice, that sufficient shelters are available for victims of trafficking and that NGOs working with victims of all forms of trafficking receive adequate funding, including from the State party's budget, whenever the task of assisting and catering for the needs of trafficking victims de facto has been delegated to them. The Committee also recommends that the State party design and implement preventive measures specifically targeted at Roma and migrant women and girls, including awareness-raising campaigns on trafficking, forced prostitution and forced labour for those working with Roma communities, and strengthen cooperation with countries of origin and destination. The Committee reiterates its recommendation that the State party consider, as a matter of priority, ratifying the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing it, as well as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee also recommends that the State party take into account the Principles on Human Rights and Human Trafficking of the United Nations Office of the High Commissioner for Human Rights in the design of policies to combat trafficking in human beings, especially women and girls. (Paragraph 25). UN Special Rapporteur on the sale of children, child prostitution and child pornography 17 February 1997 Read the report here: http://www.crin.org/resources/infoDetail.asp?ID=24469&flag=report Universal Periodic Review (April 2008) 29. To take a comprehensive approach to combating trafficking in women and girls involving source, transit and destination countries (Bangladesh) – accepted by the Czech Republic.
Please note this is a work in progress. Send comments to [email protected]
Report published: 7 February 2000