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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