An evolving conception of discrimination in Europe

Abstract

CESAA 19th ANNUAL EUROPE ESSAY COMPETITION 2011 - Postgraduate winner: Simone Abel (University of New South Wales) In 2007, the European Court of Human Rights’ Grand Chamber handed down its judgment in DH and Others v Czech Republic. The case arose out of the disproportionately high number of Roma children assigned places in segregated schools for children with intellectual disabilities in the Czech Republic. It was alleged that this practice discriminated against Roma children who had normal, or even above normal, intelligence levels. The applicants claimed that they had been discriminated against in the enjoyment of their right to education on account of their race or ethnic origin The Court made a finding of indirect discrimination against the Czech government. Commentators have hailed this as a landmark judgment that expands the conception of discrimination under the European Convention on Human Rights. This paper will discuss how this finding differs from the First Chamber’s judgment and other ECHR caselaw to alter the conception of discrimination under the European Convention on Human Rights.

Keywords

• convention
• discrimination
• indirect
• roma
• schooling
• segregated