CAHROM (2012) 6 prov

CAHROM (2012)18

CAHROM (2012)18

Version endorsed by the CAHROM at its 4th meeting

CAHROM (2012)18

Strasbourg, 29 November 2012

AD HOC COMMITTEE OF EXPERTS ON ROMA[footnoteRef:1] ISSUES [1: The term Roma used at the Council of Europe refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and the Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as Gypsies.]

(CAHROM)

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THEMATIC REPORT

by the CAHROM thematic group of experts on

INCLUSIVE EDUCATION FOR ROMA CHILDREN AS OPPOSED TO SPECIAL SCHOOLS

(following the CAHROM thematic visit to the Czech Republic and Slovakia on 1-5 October 2012)

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Experts from the CZECH REPUBLIC and the SLOVAK REPUBLIC, requesting countries

Czech Republic:

Mr Viktor Pioreck, Roma Education Department of the Czech Agency for Social Inclusion.

Mr Ondej Klpa, CAHROM member and Head of Secretariat of the Council for Roma Minority Affairs and the Council for National Minorities, Office of the Government of the Czech Republic.

Slovak Republic:

Mr. Igor Andr, Education Officer, Office of the Plenipotentiary of the Slovak Republic Government for Roma Communities.

Mr Jn Hero, CAHROM member and Board member of the NGO Through the Children to the Family.

Experts from HUNGARY, SLOVENIA and UNITED KINGDOM, partner countries

Hungary: Ms Zsfia Pillr, Rapporteur on Social Inclusion in Public Education, Deputy for Social Inclusion, Ministry of Human Resources.

Slovenia: Ms Erika Rustja, Under-Secretary, Education Development Office, Ministry of Education, Science, Culture and Sport of the Republic of Slovenia.

United Kingdom: Ms Claire Lockwood, Leeds City Council, Gypsy, Roma and Traveller Achievement Service Manager, Joint President of the National Association of Teachers of Traveller and other professional NATT+.

TABLE OF CONTENTS

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I. INTRODUCTIONpage 3

1.1Backgroundpage 3

1.2Composition of the thematic group of expertspage 3

1.3Agenda of the thematic visitpage 3

II. CONTEXT AND EXPECTATIONSpage 4

2.1Context of the CAHROM thematic report and visitpage 4

2.2.Expectations and items for discussion page 6

2.3.Size and composition of the Roma groups & educational level of Romapage 7

2.3.1 Czech Republicpage 7

2.3.2 Slovak Republicpage 8

2.3.3 Hungarypage 9

2.3.4 Sloveniapage 10

2.3.5 United Kingdompage 10

III. COMPARATIVE ANALYSIS (LEGISLATION, POLICIES, MEASURES)page 12

3.1.Legislation and policy measures covering educationpage 12

3.1.1 Czech Republicpage 12

3.1.2 Slovak Republicpage 13

3.1.3 Hungarypage 14

3.1.4 Sloveniapage 16

3.1.5 United Kingdompage 18

3.2.Main problems identified page 19

3.2.1 In both requesting countriespage 19

3.2.2 In the Czech Republic more specificallypage 20

3.2.3 In the Slovak Republic more specificallypage 21

3.3Visits to elementary schools: a comparative summarypage 22

3.3.1 Visited schools in the Czech Republicpage 22

3.3.2 Visited schools in the Slovak Republicpage 25

3.4.Workshops discussionpage 29

Comparative summary table of the replies to 20 questions page 30

IV. LESSONS LEARNT AND GOOD PRACTICES IDENTIFIEDpage 60

4.1Systemic desegregation measures and legislation envisaged

by the authorities of the two requesting to change the systempage 60

4.1.1 Changes proposed in the Czech Republicpage 60

4.1.2 Changes proposed in the Slovak Republicpage 62

4.1.3 Conclusions and lessons learnt for the Czech Republic page 64

4.1.4 Conclusions and lessons learnt for the Slovak Republicpage 65

4.2General conclusions, good practices and follow-up proposalspage 67

APPENDICES:page 69

Appendix 1: Formal invitations to CAHROMpage 69

Appendix 2:Agenda of the thematic visitpage 69

Appendix 3:List of participants of the thematic visitpage 69

Appendix 4: National, European and International reference texts and reportspage 70

I. INTRODUCTION

1.1 Background

The thematic group on inclusive education for Roma children as opposed to special schools was set up at the request of the Czech and Slovak CAHROM members during the 3rd CAHROM meeting (Ohrid, 22-25 May 2012)[footnoteRef:2]. Invitation letters to the CAHROM group of experts to visit these two countries were received on 5 and 25 September respectively (see Appendix 1 to this report). [2: See document CAHROM (2012)10 Abridged Report of the 3rd CAHROM meeting and document CAHROM (2012)14 Report of the 3rd CAHROM Bureau meeting, as well as previous CAHROM thematic reports at http://www.coe.int/web/coe-portal/cahrom1.]

With a view to preparing the thematic report and visit, each expert of the thematic group was asked to provide background information about the situation of Roma, the legislative framework pertinent to the topic, and measures and policies towards Roma education, including financial means. Written background documents submitted by the requesting and partner countries, extracts of relevant international texts and reports, as well as presentations made during the visit appear in an Addendum to this report.

The CAHROM team of experts is grateful to the Czech authorities for having provided simultaneous interpretation during the visit and offered a lunch. They are equally grateful to the Slovak authorities and to UNDP for having provided interpretation and local transport.

1.2 Composition of the thematic group of experts

The nomination of the experts taking part in this thematic group resulted from consultation with CAHROM members from the requesting and partner countries followed by domestic consultation.

The choice of the partner countries, agreed upon by the Bureau of the CAHROM and supported by various studies and reports, was inspired by the wish to include experience with a) desegregation legislation and measures as a response to the practice of enrolling Roma children into special schools (e.g. Hungary), b) inclusive education, including for Roma migrants from the requesting countries (e.g. United Kingdom) and c) human rights approach in the field of Roma education and use of European funds for Roma education (e.g. Slovenia[footnoteRef:3]). Studies presented at the 3rd CAHROM meeting (Skopje, 22 May 2012) were also taken into consideration when choosing the partner countries[footnoteRef:4]. [3: See http://www.coe.int/t/commissioner/Activities/GoodPractices/Slovenia_RomaEducation.pdf and Good Practice n14 in the Council of Europe Database on Roma-related policies and good practices http://goodpracticeroma.ppa.coe.int/en.] [4: In particular REF publication Ten years After: a History of School Desegregation in Central and Eastern Europe presented by Iulius Rostas, Roma Education Fund expert, and REF/Equality Pilot Study From segregation to Inclusion presented by Lucie Fremlova, Equality expert. See Appendix 4 for links to these reports.]

A summary of the professional background of the experts participating in this thematic group, their contact details, as well as the list of Czech and Slovak interlocutors appear in Appendix 2.

1.3 Agenda of the thematic visit

The agenda of the thematic visit was jointly prepared by the Secretariat of the Council for Roma Minority Affairs of the Office of the Government of the Czech Republic and by the Office of the Plenipotentiary of the Slovak Republic Government for Roma Communities, and the CAHROM Secretariat and respective CAHROM members. It includes visits to elementary schools (mainstream schools, special/practical schools for mentally disabled and so-called Roma schools), as well as meetings with state officials, teachers, school directors and NGO representatives. The agenda appears in Appendix 3[footnoteRef:5]. [5: On 2 October 2012, the Special Representative of the Secretary General for Roma issues held bilateral meetings with Ms imnkov, Czech Government Human Rights Commissioner, and with Mr Fryc, Deputy Minister, and Mr Strek from the Ministry of Education.]

II. CONTEXT AND EXPECTATIONS

2.1. Context of the CAHROM thematic report and visit

In recent years, there has been growing concern at segregation of Roma children in the school system, in particular following the European Court of Human Rights (ECtHR) judgment of 13 November 2007 in D.H. and Others v. The Czech Republic. The Court held that the placement of a disproportionate number of Roma children in special schools, without an objective and reasonable justification unrelated to ethnic origin, amounted to discrimination contrary to Article 14 of the European Convention on Human Rights (ECHR) in conjunction with Article 2 Protocol 1. Before and after, several human rights bodies of the Council of Europe have expressed their concern at such segregation in education. In its role to supervise the execution of judgments of the ECtHR under Article 46 of the Convention, the Committee of Ministers supervises the execution of the D.H. judgment, notably to ensure that general measures are adopted to put an end to the violation found by the Court. This supervision of the execution process is on-going. The Committee is currently closely supervising the execution of the judgment under its Enhanced supervision track and has adopted a number of decisions in the examination process. The topicality of the theme of this CAHROM report may be illustrated by the following non-exhaustive chronological list of developments in 2012. Relevant e