On 30 May in the case of Lavida v Greece the European Court of Human Rights (ECtHR) held that Greece had violated Article 14 of the European Convention on Human Rights (which prohibits discrimination) in conjunction with Article 2 of the First Protocol (right to education). The case concerned the segregation of Roma children in education in the Greek town of Sofades. Roma families made up half of the town's population, living largely in two housing estates known as the old and new Roma estates. While there were four primary schools in the area, Roma children attended one of these schools almost exclusively, regardless of whether there were other closer schools.
The applicants were represented by Greek Helsinki Monitor (GHM), a non-governmental organisation. GHM initially became involved in the matter in 2009 when delegates visited the Roma estates and wrote a number of letters to the Minister for Education describing the schools as “a clear ethnic segregation, which violates both Greek law and international human rights norms and, in particular, the European Convention on Human Rights as interpreted in the case of Sampanis v. Greece”. In Sampanis the ECtHR found Greece in violation of the Convention due to the segregation of Roma children in education and, in particular, due to the fact that Roma children had been placed in “special needs” schools based on their ethnicity.
In September 2009 the applicants’ parents asked the principal of another local school whether the children could enrol there but were refused. A report by the Regional Education Department had brought the authorities' attention to the matter, recommending that the State avoid placing the Roma children in separate schools in order to promote integration and prevent social exclusion of the Roma. The report also observed that the current provision for educating the Roma children was unworkable due to the large numbers of Roma children and the lack of infrastructure.
The ECtHR said that even in the absence of an intention to discriminate, the continuing practice of educating Roma children in segregated schools implied discrimination and a breach of the right to education.
The court ordered Greece to pay €1000 to each of the applicants in respect of non-pecuniary damages and €3000 in respect of costs and expenses.
According to Amnesty International, this is the sixth ruling by the ECtHR in respect of segregation of Roma children in schools, and the third concerning Greek schools. Amnesty's Deputy Europe and Central Asia Director Jezerca Tigani said, “It’s shameful that, despite three separate European Court rulings now, Greece has failed to change its ongoing discrimination against Romani schoolchildren and the flagrant violation of their right to education.”
The Roma population face widespread discrimination throughout the EU, with large sections of the Roma population living in extreme poverty. Amnesty International has launched a campaign urging the EU to take stronger action to end discrimination against the Roma.
Click here to view an article from Amnesty International.