Different and unequal: the educational segregation of Roma pupils in Europe

Abstract

This article analyses and welcomes the decision of the Grand Chamber of the European Court of Human Rights which held that the use of special schools for Roma pupils was contrary to the right to an education coupled with the prohibition on discrimination. The decision has wide ramifications for the education of minority, particularly Roma, pupils who are often sent to remedial schools or special classes as an alternative to mainstream, integrated education. It is argued that such segregation, whilst it may arise from a legitimate intention to address educational disadvantage, cannot achieve such a goal in a climate of separation and intolerance which permeates the wider society. The Grand Chamber’s willingness to scrutinise the wider societal context and to allow statistical evidence to suggest a prime facie case of indirect discrimination, will be welcomed by those seeking a more pro‐active non‐discrimination platform from the European Court of Human Rights (ECHR).