Wrongful Placement of Romani Children in Special Schools of Europe must come to an end

On January 29th, 2013 the European Court of Human Rights (ECHR) ruled that European governments must end segregation and discrimination against Romani children in schools.  In the case of Horvath and Kiss v. Hungary, the Court found that Hungary had violated the European Convention on Human Rights by segregating Romani children in a special school – following a legal struggle that began in 2006. The Court noted that Roma children had been over-represented in the past in special schools due to the systematic misdiagnosis of mental disability.

On January 29th, 2013 the European Court of Human Rights (ECHR) ruled that European governments must end segregation and discrimination against Romani children in schools.  In the case of Horvath and Kiss v. Hungary, the Court found that Hungary had violated the European Convention on Human Rights by segregating Romani children in a special school – following a legal struggle that began in 2006. The Court noted that Roma children had been over-represented in the past in special schools due to the systematic misdiagnosis of mental disability.

Mr Horvath and Mr Kiss were represented by the Chance for Children Foundation (CFCF) and the European Roma Rights Centre (ERRC).

In the summer of 2005, the Roma Education Fund supported a summer camp project, in Felsotarkany, for 60 elementary school aged Roma children who all had been placed in different special schools of Hungary with misdiagnosis. The summer camp was organized with the involvement of independent experts, who carried out their examinations in groups of 6, using WISC IV test for children aged under 16, and for children aged 16 plus the MAWI and RAVEN tests were being used.

REF research on the cognitive capacity of those 60 elementary school aged Roma children who had been placed in different special schools in Hungary revealed consistent misdiagnosis and served as the basis of the court application alleging discrimination on the basis of race in the Hungarian educational system.

In 2012, a REF study on entry testing and overrepresentation of Roma in special education in several countries indicated that entry testing continues to be used as a pretext for segregation. Despite legal prohibitions of discrimination and requirements of inclusion, Romani children diagnosed with mild intellectual disabilities continue to be overwhelmingly placed in segregated special schools. (Pitfalls and Bias: Entry Testing and the Overrepresentation of Romani Children in Special Education, April 2012).  The report recommended that testing should never be used as a prerequisite to entry into a mainstream inclusive school setting, for any child, non-Roma or Roma, with learning needs or without. 

REF believes in the many benefits of a fully inclusive public education system, where all children attend quality kindergarten and schools regardless of ethnic background or disability status. Heterogeneous classrooms bringing together pupils from various background and learning abilities, including children with disabilities, migrant children, students from ethnic, religious or other minorities, pupils with mother tongue different from language of instruction,  provide an added value to education, which should not only build children’s academic potential, but also teach them to live in a diverse society.  Ensuring such inclusive education for all is an obligation of Hungary and all other States that are parties to the European Convention on the Protection of Human Rights and Fundamental Freedoms and the Convention on the Rights of Persons with Disabilities.