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Recognizing Formal and Substantive Equality in the Oršuš Case

Recognizing Formal and Substantive Equality in the Oršuš Case Andrea Grgi * Recognizing Formal and Substantive Equality in the Orsus Case I. Introduction On 16 March 2010 the European Court of Human Rights (hereafter `ECtHR'), in a second-instance judgment in the case of Orsus v. Croatia1 (hereafter `the Orsus case'), found that the policy of Croatian elementary schools to distinguish between students based on their grasp of the Croatian language resulted in discriminatory segregation of Roma students, which in turn constituted a violation of the European Convention on Human Rights2 (hereafter `the ECHR' or `the Convention'). In advance of this judgment there were a couple of cases3 where the ECtHR had established that the prohibition of discrimination had been violated, as a consequence of the segregation of Roma children in primary education. All these cases underline the ongoing practice of segregation of Roma children in separate classes that occurs in several European countries, based either explic- Assistant at the Department of Labour and Social Law, Faculty of Law, University of Zagreb. LL.M (Utrecht University). I would like to express my gratitude to Ana Horvat Vukovi, Marija Jovanovi, Bernard Naron, Antonija Petricusi and the two anonymous referees of the European Yearbook of Minority Issues (EYMI) for their very http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Recognizing Formal and Substantive Equality in the Oršuš Case

Grgić, Andrea
European Yearbook of Minority Issues Online , Volume 9 (1): 327 – Jan 1, 2012
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Publisher
Brill
Copyright
Copyright 2012 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
DOI
10.1163/22116117-90000173
Publisher site
See Article on Publisher Site

Abstract

Andrea Grgi * Recognizing Formal and Substantive Equality in the Orsus Case I. Introduction On 16 March 2010 the European Court of Human Rights (hereafter `ECtHR'), in a second-instance judgment in the case of Orsus v. Croatia1 (hereafter `the Orsus case'), found that the policy of Croatian elementary schools to distinguish between students based on their grasp of the Croatian language resulted in discriminatory segregation of Roma students, which in turn constituted a violation of the European Convention on Human Rights2 (hereafter `the ECHR' or `the Convention'). In advance of this judgment there were a couple of cases3 where the ECtHR had established that the prohibition of discrimination had been violated, as a consequence of the segregation of Roma children in primary education. All these cases underline the ongoing practice of segregation of Roma children in separate classes that occurs in several European countries, based either explic- Assistant at the Department of Labour and Social Law, Faculty of Law, University of Zagreb. LL.M (Utrecht University). I would like to express my gratitude to Ana Horvat Vukovi, Marija Jovanovi, Bernard Naron, Antonija Petricusi and the two anonymous referees of the European Yearbook of Minority Issues (EYMI) for their very

Journal

European Yearbook of Minority Issues Online – Brill

Published: Jan 1, 2012

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