CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ CZECH REPUBLIC BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS IN 2023 There were also important developments last year in the execution of D.H. and Others case, 56 which concerns discrimination of Roma pupils in access to education. In 2023, it was the only Czech judgment subject to so-called enhanced supervision by the Committee of Ministers. This form of supervision includes judgments that are indicative of a serious and systemic problem or for which the state is late with implementation. The case of D. H. and Others combines both of these reasons, discrimination of Roma, not only in the area of education, is a systemic issue in our country and the judgment dates back to 2007. Since then, a number of measures have been taken – the so-called inclusive amendment to the Education Act, the abolition of the Annex to the Framework Curriculum for pupils with mild mental disabilities, the introduction of new diagnostic tools for detecting mild mental disabilities, allowing for the review of the conclusions and recommendations of the pedagogical-psychological counselling facilities, making the last year of pre-school education compulsory, etc. Despite this, the situation in schools has not changed much in practice, and of all pupils who are educated pursuant to an educational programme with outcomes modified due to diagnosed mild mental disability, between 25 and 30 % are still Roma pupils. Moreover, in the vast majority of cases, these pupils are educated outside the mainstream in classes and schools established under Section 16(9) of the Education Act. Following a 2019 decision of the Committee of Ministers calling on the Czech authorities to explain the ineffectiveness of all measures taken in relation to Roma pupils and to present a plan for further action, the Expert Forum on the Execution of Judgment D. H. and Others was established. 57 One of the results of its work was an analysis prepared by PAQ Research and STEM, published in spring 2023, which identified the causes of the situation and proposed possible solutions. 58 Based on the analysis, the Ministry of Education, in cooperation with the Office of the Government Agent for Representation of the Czech Republic before the ECtHR, developed a detailed plan to remedy the situation. At the end of 2023, the plan, containing detailed measures with a timetable for their planned adoption in four main areas (changes in the counselling system; support for schools in socially excluded localities; desegregation of schools; support of pre-school education), was submitted to the Committee of Ministers. 59 Provided that the political will to resolve the problem and the Ministry of Education’s sufficient staff and financial capacity to implement the plan are maintained, there could be a tangible positive shift in this area in the near future. Conclusion The year 2023 was after a long time rich in decisions, with cases against the Czech Republic being decided by the Grand Chamber of the Court. Its decisions shed more light on the question of admissibility of applications and the role and powers of the Court. Both decisions thus will have a very broad impact. Some other decisions are also very significant. 56 See footnote 44. 57 On its activities and on the execution of the D.H. and Others judgment in general, see more: https://mezisoudy. cz/vykon-rozsudku-eslp-a-rozhodnuti-dalsich-mezinarodnich-lidskopravnich-organu/d-h-a-ostatni-proti-cr. 58 The analysis is available at: https://www.edu.cz/vysledky-vyzkumu-analyza-pricin-vyssiho-podilu-romskych zaku-vzdelavajicich-se-ve-skolach-a-tridach-zrizenych-podle-%C2%A7-16-odst-9-skolskeho-zakona-vcetne doporuceni/. 59 The Action Plan is available at: https://mezisoudy.cz/storage/files/tinyMCE/P%C5%99%C3%ADloha%20%C4 %8D.%201_D.H.%20a%20ostatn%C3%AD_Ak%C4%8Dn%C3%AD%20pl%C3%A1n_2023-12-21.pdf.

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