The European Court of Human Rights (ECtHR) ruled that, in the case of Salay against the Slovak Republic, concerning the complainant of Roma origin, his right to education and discrimination was violated. He also confirmed that the results of the examinations used to decide the complainant in a special class could be culturally and linguistically biased, which pose a risk of discriminatory incorrect diagnosis. TASR informed Miriama Gašparíková from the press department of the Ministry of Justice (MS) of the Slovak Republic.
As the World Championship approached, In 2004, the complainant of Roma origin was first in the zero year of elementary school and was subsequently included in a special class. After completing the compulsory examination of school maturity, he was recommended to be included in the zero year. Later, after diagnosing mild mental retardation, he was included in a special class in which he continued education.
“In 2014, he filed an anti -discrimination action to the Slovak Court, which was rejected. He complained that the tests he had passed were cultural, social and linguistically biased, and that he was discriminated against because of his Roma origin, ” explained the MS. According to the department, the complainant claimed that in Plavecký Thursday, an unusually high number of Roma children were included in special classes, thereby lowering the standard of education.
In addition to the fact that the ECtHR decided to violate the right to education with the complainant, he also stressed that there is an above -average number of Roma children in special classes in Slovakia, which can lead to inequalities in approaching education. “The ECtHR stated that the specific needs of children of disadvantaged groups such as Roma ethnic groups were not sufficiently taken into account when deciding on placing the applicant in a special class,” MS.
The complainant applied for compensation of EUR 12,000 for non -material damage and EUR 9 960 for the costs of the proceedings. The ECtHR granted him EUR 3,000 as compensation for non -pecuniary damage, rejected the rest of the claims.
The European Roma Rights Center (ERRC), which represented the applicant, welcomes the ECtHR’s decision. “He confirmed what we have known for a long time, and the fact that the long -term systemic segregation of Roma pupils in special education is in our country,” stated Legal advisor ERRC Michal Zálešák. According to him, the center considers it unfortunate that the complainant had to wait ten years to achieve justice. “We sincerely hope that the competent authorities in the field of education will learn from this judgment and ensure quality inclusive education for all,” added.
