D.H. and Others v Czech Republic

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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.

Facts and proceedings[edit]

Most children from the Roma minority in Ostrava 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.[1]

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.[2]

Chamber judgment[edit]

In 2006, the Second Section of the Court has found no violation in the case, by six votes to one. Judge Costa filed a concurring opinion, agreeing with the majority while saying that "I came to that conclusion only after some hesitation".[3] Judge Cabral Barreto filed a dissenting opinion, finding a violation of Article 14, taken together with Article 2 of Protocol No. 1.

The applicants appealed to the Grand Chamber.[4]

Grand Chamber judgment[edit]

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 Zupančič, Jungwiert, Borrego Borrego and Šikuta have filed dissenting opinions, finding no violation.

See also[edit]


External links[edit]