Challenging the school segregation of Roma children in Central and Eastern Europe

Over a decade after the application of DH and Others v. Czech Republic to the European Court of Human Rights (ECtHR), school segregation of Roma children remains a widespread phenomenon. The issue has recently been highlighted by the 2011 European Union Framework for National Roma Integration Strategies, which has brought Roma rights issues into the social agenda of the European Union (EU). This article analyses the reasons behind the lack of progress, critically examines the case law of the ECtHR on school segregation and explores the possibility of litigation under the EU Race Equality Directive. The author argues that ECtHR judgments must be more explicit and precise in condemning school segregation as a serious form of racial discrimination in order to exert pressure for change on the ground. It is also suggested that litigation on the basis of the Race Equality Directive may offer a better course of action than the European Convention on Human Rights in certain circumstances. The article reminds that progress on the issue also requires political impetus and positive measures and, in this respect, welcomes the recent policy developments and robust attitude demonstrated by EU institutions in respect of the 2011 framework.