A/HRC/17/29 national of Roma origin in Roma-only classes, rather than ethnically ‘mixed’ classes.62 Even the applicant had attended ‘Roma-only’ schools at other times. The Court noted that there was a lack of a systemic and structured approach to the integration of Roma children into mainstream classes. 70. Administrative tribunals and national human rights institutions also reinforce judicial and quasi-judicial mechanisms to safeguard the equality of opportunities in education and right to education. In another case relating to schools dedicated to Roma children, the Equal Treatment Authority of Hungary concluded63 that not only were authorities responsible for the local system that segregated students, in violation of the principle of equal treatment, but those who tolerated or assisted the maintenance of existing segregation schemes also violated the law. National human rights institutions also have an important role to play. In Mauritius, for example, the ombudsperson has the authority to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman, in Norway, and the Equal Opportunities Ombudsman, in Sweden, also have such competence. VIII. Conclusions and recommendations 71. It is clear that normative action aimed at achieving equality of opportunities in education, both in law and in fact, needs to be intensified. The application of the principle of equality of opportunity in education, which is common to various international human rights treaties, calls for greater emphasis on the fulfilment of State obligations. 72. The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework: (a) Ensure adequate legal protection to the right to education and its equal enjoyment in all its inclusive dimensions: States should incorporate their obligations under international human rights conventions into their domestic legal order. Governments should recognize the key importance of adequate legal frameworks on equality of opportunity in education in line with international standards for ensuring such equality. A strong regulatory framework for public and private education systems grounded in the principle of equality of opportunity provides the essential basis for the establishment of an entire range of programmes and policies aiming at ensuring equality of opportunity; (b) Address multiple forms of inequality and discrimination through comprehensive policies: Given the mutually reinforcing nature of different forms of discrimination and inequality in the context of education, States should address multiple forms of inequality and discrimination through comprehensive policies. Prevailing disparities in access to education – between boys and girls, and between rich and poor regions –must be given special consideration, recognizing that good policies backed by a commitment to equality can make a difference. Policy 62 63 18 European Court of Human Rights, Orsus and Others v. Croatia, 16 March 2010 Decision 23/2007.

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