Divide and teach: educational inequality and the Roma

Abstract

This paper will discuss the decision of the Grand Chamber of the European Court of Human Rights in DH and Others v. Czech Republic1 which found that the practice of sending Roma pupils to special schools in order to provide remedial education undermined the human rights to education and non-discrimination contrary to the European Convention on Human Rights. The case highlights the degree of exclusion that Roma children face in the Czech Republic, yet this entrenched inequality is not unique to the region or to the context of education. The decision also clarifies the interpretation of indirect discrimination under Article 14 of the Convention. The EU Equal Treatment Directive2 has paved the way for an enlightened approach to the question of indirect discrimination and in particular shifts the burden of proof to the respondent once a prime facie case is established. The Grand Chamber's decision supports this approach and endorses the use of verifiable statistics in order to demonstrate prime facie discrimination. It also enables a broader enquiry into the societal context behind the facts.