MINELRES: Roma Rights 1, 2008: Roma Education: The Promise of D.H.

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Sat Nov 8 15:51:02 2008

Original sender: European Roma Rights Centre <errc@errc.org>

Roma Rights 1, 2008

Roma Education: The Promise of D.H.

On 13 November 2007, the Grand Chamber of the European Court of Human
Rights made a landmark decision advancing anti-discrimination
jurisprudence in Europe, ruling that the segregation of Romani students
in special remedial schools is a form of unlawful discrimination. This
momentous decision for Roma across Europe was made in the case D.H. and
Others v. the Czech Republic (also known as the “Ostrava Case”).

The Court ruled that the disproportionate placement of Romani children
in special remedial schools breaches Article 14 of the European
Convention (prohibition of discrimination), taken together with Article
2 of Protocol No. 1 (right to education). The case was launched in 1998
by the European Roma Rights Centre on behalf of 18 Romani children from
the industrial Czech city of Ostrava, the Czech Republic. 

After nearly ten years of legal struggle the European Court issued its
judgment, which may potentially alter the lives of not just Roma, but
all groups facing discrimination in Europe and beyond. This issue of
Roma Rights, “Roma Education: The Promise of D.H.,” outlines the
immediate follow up advocacy on the implementation of the judgment and
examines the anticipated impacts of this judgment. Furthermore, this
edition aims to spark debate on how the D.H. case can be used to fuel
the development of the Roma rights discourse and struggle in Europe.

This issue includes an address by Louise Arbour, former UN High
Commissioner for Human Rights, on the importance of the judgment in
consolidating international human rights legal standards on
non-discrimination, followed by an NGO Communication to the Council of
Europe’s Committee on Ministers on implementation of the judgment.
Thirdly, Katerina Hruba explores developments in the Czech government’s
response to the issue of segregated schooling of Romani children.

The future impact of this case is explored through a series of
analytical articles. David Strupek provides a legal assessment of the
judgment’s potential impact on anti-discrimination law and litigation in
the Czech Republic. Next, Lilla Farkas explores the short term impact of
the judgment on strategic litigation in Europe. Finally, Larry Olomoofe
writes about the social and political impacts of the judgment.


Ending Racial Segregation in Schools: The Promise of D.H. (James A.
Goldston)  View it (Acrobat pdf format)! 

Communication on General Measures Needed for the Implementation of D.H.
and Others v. the Czech Republic  
View it (Acrobat pdf format)! 

Address by Louise Arbour, United Nations High Commissioner for Human
Rights, at the Opening of the Judicial Year 2008 of the European Court
of Human Rights, Strasbourg, 25 January 2008  
View it (Acrobat pdf format)! 

The Reaction of Relevant Czech State Authorities to the European Court
of Human Rights Judgment in the Case D.H. and Others v. the Czech
Republic (Katerina Hruba)  
View it (Acrobat pdf format)! 

Before and After the Ostrava Case: Lessons for Anti-Discrimination Law
and Litigation in the Czech Republic (David Strupek)  
View it (Acrobat pdf format)! 

The Scene After Battle: What is the Victory in D.H. Worth and Where to
Go From Here? (Lilla Farkas)  
View it (Acrobat pdf format)! 

Arrest the Precedent! Segregated Schooling in Contemporary Europe (Larry
View it (Acrobat pdf format)!


International Advocacy: ERRC Interventions at the OSCE Human Dimension
Implementation Meeting (Idaver Memedov) View it (Acrobat pdf format)!

Legal Defense 

The European Court of Human Rights Missed the Opportunity to Recognise
that Segregation in Education Can Also Take Place in Mainstream Schools
(Anita Danka)  
View it (Acrobat pdf format)!

Human Rights Education 

ERRC Workshop Fosters Mutual Learning of Advocacy Techniques Regarding
the Right to Healthcare of Romani Women (Madihah Akhter)  
View it (Acrobat pdf format)! 

ERRC Roma Rights Summer Workshop 2008 (Larry Olomoofe)  
View it (Acrobat pdf format)!

Meet the ERRC 

Speak Loudly (Idaver Memedov)  
View it (Acrobat pdf format)!

Romani Language Publication 

Evropako Kris pe Manushikane Hakaja Andas Vazhno Decizija pe Kejso/Kazo
D.H. vi Avera Versus/Mamuj i Cehijaki Republika  
View it (Acrobat pdf format)!

View it (Acrobat pdf format)!


The European Roma Rights Centre is an international public interest law
organisation which monitors the human rights situation of Roma and
provides legal defence in cases of human rights abuse. For more
information about the European Roma Rights Centre, visit the ERRC on the
web at http://www.errc.org 

To support the ERRC, please visit this link:

European Roma Rights Centre
1386 Budapest 62
P.O. Box 906/93
Tel: +36.1.413.2200

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