D.H. and Others v. the Czech Republic
Encyclopedia
D.H. and Others v. the Czech Republic (No. 57325/00) was a case decided by the European Court of Human Rights
concerning discrimination of Romani children in the education system
of the Czech Republic
.
attended special schools with simplified curriculum, forming majority of their students.
The applicants — 18 Romani students, former and then-attendants of special schools, represented by the European Roma Rights Centre
— submitted an application to ECtHR in 2000.
The Court has declared in 2005 the application admissible in part on Article 14 (prohibition of discrimination
), combined with Article 2 of Protocol No. 1 (right to education
) of the European Convention on Human Rights
. The application in part concerning Articles 3 and 6 was declared inadmissible.
filed a concurring opinion, agreeing with the majority while saying that "I came to that conclusion only after some hesitation". Judge Cabral Barreto filed a dissenting opinion, finding a violation of Article 14, taken together with Article 2 of Protocol No. 1.
The applicants have appealed to the Grand Chamber.
, Jungwiert, Borrego Borrego and Šikuta have filed dissenting opinions, finding no violation.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
concerning discrimination of Romani children in the education system
Education in the Czech Republic
Education in the Czech Republic is free and compulsory from ages 6 to 15. In 1996, the gross primary enrollment rate was 104 percent, and in 1995, the net primary enrollment rate was 86.9 percent. Primary school attendance rates were unavailable for the Czech Republic as of 2001...
of the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
.
Facts and proceedings
Most children from the Roma minority in OstravaOstrava
Ostrava is the third largest city in the Czech Republic and the second largest urban agglomeration after Prague. Located close to the Polish border, it is also the administrative center of the Moravian-Silesian Region and of the Municipality with Extended Competence. Ostrava was candidate for the...
attended special schools with simplified curriculum, forming majority of their students.
The applicants — 18 Romani students, former and then-attendants of special schools, represented by the European Roma Rights Centre
European Roma Rights Centre
The European Roma Rights Centre 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. The approach of the ERRC involves, in particular, strategic litigation, international advocacy, research and...
— submitted an application to ECtHR in 2000.
The Court has declared in 2005 the application admissible in part on Article 14 (prohibition of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
), combined with Article 2 of Protocol No. 1 (right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The application in part concerning Articles 3 and 6 was declared inadmissible.
Chamber judgment
In 2006, the Second Section of the Court has found no violation in the case, by six votes to one. Judge CostaJean-Paul Costa
Jean-Paul Costa is a French jurist and has been President of the European Court of Human Rights since 19 January 2007. He was first appointed a judge of the Court on 1 November 1998, and in 2009 was elected to serve an additional three years as President...
filed a concurring opinion, agreeing with the majority while saying that "I came to that conclusion only after some hesitation". Judge Cabral Barreto filed a dissenting opinion, finding a violation of Article 14, taken together with Article 2 of Protocol No. 1.
The applicants have appealed to the Grand Chamber.
Grand Chamber judgment
In 2007, the Grand Chamber has found in the case a violation of Article 14, taken together with Article 2 of Protocol No. 1, by 13 votes to 4. Judges ZupančičBoštjan Zupancic
Boštjan Zupančič is a Slovenian lawyer and a justice on the European Court of Human Rights.Zupančič has law degrees from the University of Ljubljana, University of Montreal and Harvard Law School.-References:*...
, Jungwiert, Borrego Borrego and Šikuta have filed dissenting opinions, finding no violation.