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initiative coming from the directors of the primary schools at the heart of the case which asked
Medjimurje county authorities and the Ministry of Education to introduce three-year, free of charge pre-school programmes for Romani children to help these children to overcome language barriers before beginning their primary education".
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as a result of the arrangements the applicants were placed in separate classes where an adapted curriculum was followed, though its exact content remains unclear. Owing to the lack of transparency and clear criteria as regards transfer to mixed classes, the applicants stayed in Roma-only classes for
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where Romani children are attending Roma-only classes. The situation for applicants in the Oršuš case themselves is little improved and they have been reportedly threatened with the possibility of having their social benefits cut because of their damages award. The only positive development was an
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the schooling arrangements for Roma children were not sufficiently attended by safeguards that would ensure that, in the exercise of its margin of appreciation in the education sphere, the State had sufficient regard to their special needs as members of a disadvantaged
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On 16 March 2010, the court delivered the judgment, finding a violation of
Article 6, unanimously, and a violation of Article 14 of ECHR read in conjunction with Article 2 of Protocol No. 1, by nine votes to eight. The majority has considered that
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pupils who at times or during their entire primary education attend Roma-only classes and successfully complete final grade also receive the same standard final certificate which in no way indicates that they attended some special, separate
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on account of the excessive length of the proceedings, and that there had not been a violation of
Article 2 of Protocol No. 1 (right to education) taken alone or in conjunction with Article 14 of the Convention (ban of discrimination).
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evaluation after a visit to
Croatia in June 2010, "The situation in the schools remains the same; the majority of Romani children continue to attend Roma-only classes. The ERRC even identified one more school in the village of
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has filed a submission to the
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CC of
Croatia judgment in favour of government; ECtHR Chamber judgment in favour of applicants on article 6, in favour of government on article 14 and P1-2
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the slow linguistic development and progress in the applicants' case was to a large degree due to their very poor school attendance (Para. 7),
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On 17 July 2008, the
Chamber of Court's First Section found unanimously both that there had been a violation of Article 6 of the
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Costa, Bratza, Tulkens, Casadevall, Steiner, Björgvinsson, Ziemele, Trajkovska, Karakaş
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applicants agreed they lacked the required level of language proficiency (Para. 4),
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List of Romani rights cases before international courts and quasi-judicial bodies
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substantial periods of time, sometimes even during their entire primary schooling
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European Court
Denounces Segregated Education Again: Oršuš and Others v Croatia
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Jungwiert, Vajić, Kovler, Gyulumyan, Jaeger, Myjer, Berro-Lefèvre, Vučinić
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Article 2 of
Protocol No. 1 of the European Convention on Human Rights
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provides insufficient context for those unfamiliar with the subject
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European Court of Human Rights cases decided by the Grand Chamber
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Communication from Croatia on the implementation of the judgment
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the Roma-only classes were not established as a rule (Para. 6),
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European Court of Human Rights cases involving Croatia
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ECtHR Rules Croatian School Segregation Discriminatory
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Article 14 of the European Convention on Human Rights
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Article 6 of the European Convention on Human Rights
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375:Roma Rights 1, 2010: Implementation of Judgments
419:Roma Education Grand Chamber Judgment in Orsus
197:Right to education, language, discrimination
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59:Learn how and when to remove this message
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41:providing more context for the reader
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371:Memedov I.
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314:See also
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