Europe's Highest Court Rules Roma School Segregation by Language Illegal

By Open Society Justice Initiative, PRNE
Monday, March 15, 2010

BUDAPEST, Hungary, NEW YORK, STRASBOURG, France and ZAGREB, Croatia, March 16, 2010 - The Grand Chamber of the European Court of Human Rights held today in the
case Orsus and Others v. Croatia that the segregation of Romani children into
separate classes based on language is unlawful discrimination, violating the
European Convention on Human Rights.

The Orsus case involved 14 children attending mainstream primary schools
in three different Croatian villages who were placed in segregated Roma-only
classes due to alleged language difficulties. The applicants argued that
actually, placement in these Roma-only classes stemmed from blatant
discrimination based on ethnicity. The schools' policies were reinforced by
the local majority population's anti-Romani sentiments.

Represented by the European Roma Rights Centre (ERRC), the Croatian
Helsinki Committee, and local attorney Lovorka Kusan, the case went to the
European Court in 2004. After a negative judgment in 2008, it reached the
Grand Chamber upon appeal.

"The Grand Chamber's decision is of great importance to the applicants
and other Romani children in Croatia, as it acknowledges that they have
suffered unlawful discrimination," said Ms. Kusan. "It is now up to the
government to ensure that these illegal practices stop and that remedies are
offered to affected Romani children."

The Court awarded the applicants 4,500 Euros each in non-pecuniary
damages, plus a total of 10,000 Euros for costs and expenses.

"Today's judgment rounds out the European Court's jurisprudence
concerning the most common grounds of segregation experienced by Romani
children in education across Europe," said ERRC managing director Robert
Kushen
. "National governments must now take decisive action to end segregated
education in all its forms and truly integrate their school systems."

The Grand Chamber decision builds on the Court's groundbreaking judgments
in D.H. and Others v. the Czech Republic and Sampanis v. Greece, which
rejected the segregation of Romani students into special schools for children
with mental disabilities or within mainstream schools on the basis of
ethnicity.

"Orsus makes clear that language deficiency cannot serve as a pretext for
racial segregation," said ERRC board member and Open Society Justice
Initiative executive director James A. Goldston, who helped argue the case.
"Segregation remains all too common in Europe, and it is time to end this
deeply degrading practice."

The positive judgment by the Grand Chamber marks great progress for the
advancement of Roma rights in general, as well as the right to quality
education on equal terms for Roma and other marginalized groups.

The European Roma Rights Centre (www.errc.org/English_index.php)
is an international public interest law organisation engaging in a range of
activities aimed at combating anti-Romani racism and human rights abuse of
Roma. Its approach involves strategic litigation, international advocacy,
research, policy development, and training of Romani activists.

The Open Society Justice Initiative (www.justiceinitiative.org)
uses law to protect and empower people around the world. Through litigation,
advocacy, research, and technical assistance, the Justice Initiative promotes
human rights and builds legal capacity for open societies.

The Croatian Helsinki Committee (www.hho.hr) is dedicated to the
protection and promotion of human rights in Croatia. It seeks to bolster the
development of democratic institutions and the rule of law. It also assists
victims of human rights violations.

Cat Twigg of ERRC, +36-1-4132200 (w), +36-30-5001289 (m), catherine.twigg at errc.org; or Luis Montero of Open Society Justice Initiative, +44-20-70311704 (w), +44-77-98737516 (m), luis.montero at osf-eu.org

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