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Roberta Medda-Windischer * Dismantling Segregating Education and the European Court of Human Rights. D.H. and Others vs. Czech Republic: Towards an Inclusive Education? I. Genesis of a Strategic Case Th e case of D.H. and Others v. the Czech Republic (hereinafter referred to as the D.H. or Ostrava case) is a landmark case brought to the European Court of Human Rights (hereinafter referred to as the Strasbourg Court, court or ECtHR) by the Budapest- based European Roma Rights Centre (ERRC) on behalf of Roma children from Ostrava, the Czech Republic’s third largest city, who, between and , were placed in special schools for children with learning diffi culties either directly or after a period in an ordinary primary school. In the Czech Republic, ‘special schools’ were a category of specialized schools intended for children with mild learning disabilities who were unable to attend ‘ordinary’ or specialized primary schools. By law, the deci- sion to place a child in a special school was taken by the head teacher on the basis of the results of tests to measure the child’s intellectual capacity carried out in educa- tional psychology and child guidance centres, and the decision required the consent
European Yearbook of Minority Issues Online – Brill
Published: Feb 9, 2010
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