Miroslav Klempár: Romani children are still being sent to poor quality classes in the Czech schools. Segregation is unacceptable, but the change will not come on its own, we must speak up!
The European Court for Human Rights (ECtHR) handed down an essential judgment on 28 February of this year that affects the lives of thousands of Romani children in Central Europe and especially impacts all of us who are striving for our children to get a chance at a dignified education. In the case of Salay vs. Slovakia, the court sided with a Romani youth who was unfairly assigned to a special school for children with mental disabilities for no lawful reason.
The court has now confirmed that Slovakia not only violated Mr. Salay’s right to an education, but it also discriminated against him because he is Romani. This means that a clear message has been sent by the court: Romani children’s segregation in the schools is not only unfair, it is also unlawful and unacceptable.
A school decided a child’s future with no evidence, his parents had no opportunity to influence the situation
The boy from the Romani community in Plavecký Štvrtok was first assigned to what is called a “zero year” class and later to a special needs class. Although tests later showed that he could be transferred into a mainstream school, authorities decided it would be “better from a psychological perspective” for him to remain in the special needs class.
His parents did not have enough information with which to make their decision, so their consent to his remaining in the special needs class was not an informed one. His entire education took place at a lower level than education in the mainstream, which has ruined his future.
What is important is the court’s declaration that this is not an isolated case. The ECtHR has clearly stated that in Slovakia (and unfortunately also in the Czech Republic), systemic segregation is underway – in other words, Romani children are being sent to worse schools across the board for no lawful reason.
This has also been confirmed by reports from the Council of Europe, the Slovak Public Defender of Rights, the United Nations, and finally also the courts. The ECtHR has clearly found this to be discrimination – this is about racism.
ECtHR has expanded protections for the rights of Romani children, similar problems persist in the Czech Republic, too
Those of us in the Awen Amenca organization have been following this case together with representatives of the Council of Europe, the European Commission (DG Justice), and other organizations all over Europe. We all knew that this judgment would either confirm or undermine the historic D.H. vs. Czech Republic decision of 2007, the groundbreaking case in which the ECtHR first called the segregation of Romani children in the Czech schools a human rights violation.
Now we know that this judgment has not just upheld D.H., but has also extended it. Slovakia was convicted of direct discrimination and of not doing enough to fix such mistakes in the past.
It is the duty of the state to actively prevent segregation, not just to observe it and wait to see how it develops. Similar conditions to those in Slovakia also exist in some parts of the Czech Republic
It is important to recall that the Czech Supreme Court has also clearly stated in a 2022 judgment that “Segregation is a consequence of discrimination” and that “it is not possible to excuse the inactivity of the state by saying that the segregation arose without bad intent”. In other words, it does not matter if schools are doing this “unintentionally” or not.
If Romani children are ending up in worse conditions for their education compared to non-Romani children, then the state must take action to stop this.
Change will not come on its own. If we want justice, we all must speak up.
This judgment is not just a legal victory. It is a call to action.
We Roma can no longer stay silent when our children have no chance of accessing the same education as other children in this society. We cannot accept that the state supports a system which tells our children from the time they enter nursery school that they don’t have what it takes to be educated.
This change has to come immediately. Let’s ask ourselves: How much longer are we going to tolerate this state-supported racism?
How much longer will we Roma permit this system to destroy the futures and the lives of our children? We know there are many more cases similar to those described in the D.H. vs. Czech Republic and Salay vs. Slovakia judgments, and we know not everybody is brave enough or strong enough to stand up to this system, but we can see that 18 children in the Czech Republic and one case in Slovakia can at least shake things up a bit and get the attention of the institutions responsible.
We in Awen Amenca will continue to follow this situation, to work with European institutions, and to support everybody who wants this to change. We need you with us, though.
Help us with this work. Ask the politicians, the school establishers, and the schools about it.
Take an interest in the class or the school your children end up attending. If you encounter injustice, don’t just let it be!
Awen Amenca will be glad to help you.
