Discriminación racial y ejercicio del derecho a la instrucción en la jurisprudencia del Tribunal Europeo de Derechos Humanos. El caso de la minoría gitana

Abstract

After a general approximation to the configuration of the prohibition of discrimination and of the right of instruction by the European Convention for the protection of human rights and fundamental freedoms, this work analyzes the prohibition of racial discrimination in relation with the exercise of the right of instruction within the case law of the European Court of Human Rights. For this purpose, four relevant judgments on the subject (cases D.H and others against the Czech Republic, which produced two rulings: one by the Second section and other by the Grand Chamber; Sampanis against Greece; and Orsus and others against Croatia) where it arose whether the measures adopted by some States in relation to the schooling of kids from the gypsy ethnic group are or not discriminatory are studied. Some considerations regarding the evolution by the case law regarding this area are also carried out and their consequences.

Keywords

• equality
• education
• ethnic discrimination
• racial discrimination
• right of instruction