Strasbourg Committee slates Hungary for ‘benevolent segregation’ of Roma pupils
23 September 2016
Hungary should end “as a matter of urgency and without further delay” practices that lead to the continued segregation of Roma children at school; and take immediate action to combat manifestations of intolerance, racism, xenophobia and hate speech, according to a Council of Europe report published this week.
The ERRC is very happy that the Council of Europe concurs with its position on school segregation in Hungary. The fourth opinion on Hungary from the Advisory Committee on the Framework Convention for the Protection of National Minorities, calls for an end to so-called “benevolent segregation”; and urges the government to prevent further placement of Romani children in catch-up classes, and to take decisive measures to prevent children from being wrongfully placed in special schools.
“Benevolent segregation”
In the strongly worded criticisms concerning the situation of Roma, the Committee “notes with consternation” that the 2011 amendment to the Public Education Act, confirmed by the decision of the Supreme Court in April 2015, allowed de facto “benevolent segregation” to be reintroduced by exempting religious-run schools from anti-discrimination provisions in law. This was followed by a Supreme Court ruling in October 2015, that “benevolent segregation” is an interpretative principle that as such binds other courts.
The Committee is “deeply concerned” at the Supreme Court decision “which effectively declared segregation of Roma pupils legal in schools run by religious groups,” and stated that this runs diametrically contrary to principles of equal treatment.
The Committee also found “deeply alarming” the arbitrary nature of decisions on what may constitute lawful “benevolent segregation”; and considers such developments to be fundamentally incompatible with full and effective equality protected under Article 4 of the Framework Convention.
As for “catching up”
Intrinsic to the indefensible concept of “benevolent segregation” is the deeply-flawed and long-discredited notion of “catching up” – the creation of separate Roma classes which would “make it possible for the pupils to continue their studies successfully in normal classes after one or two years.” The Committee notes that despite the fact that this approach has been conclusively proven to be ineffective over the years, it has survived and is “even being promoted and justified” in Hungary.
“The Advisory Committee finds this deeply worrying as the notion of catching-up places the burden of overcoming the existing low attainment and high school dropout levels of Roma children squarely on the shoulders of the victims of discrimination.”
Citing ERRC submissions, the Committee considers that all evidence points to the conclusion that “catch-up” classes and schools are in fact segregated classes and schools where nobody ever catches up.
The Advisory Committee finds the systemic discrimination of Roma children in the field of education deplorable, and notes with deep concern that combatting segregation is neither a priority nor a long-term goal in the government’s Roma strategy: “Not only has there been no progress with desegregation in schools, but on the contrary the proportion of Roma children attending segregated schools has risen in recent years.”
Anti-Gypsyism, hate crime and hate speech
It comes as no surprise that the Committee finds that Roma continue to suffer systemic discrimination and inequality in all fields of life including housing, employment, education, access to health and participation in social and political life. But what is a “source of grave concern” is the susceptibility of a significant part of society to openly xenophobic and discriminatory rhetoric, and the fact that Hungarian-language social media are rife with offensive anti-Roma and anti-Semitic content.
The Committee describes policies advocated by Jobbik, the largest opposition party, as “openly directed against Roma, who are blamed for ‘Gypsy crime’, social welfare abuse, laziness, dirtiness, and unwillingness to learn and to integrate”; and expressed deep concern about the local level initiatives introduced by Jobbik mayors and Jobbik-dominated town councils, and the intimidating marches organized by extremist groups on Roma settlements in recent years.
Among the many strong recommendations, the Advisory Committee strongly urges the authorities to condemn systematically and promptly all instances of anti-Roma rhetoric in the politic arena and media; to ensure that more vigorous, speedy and effective action be taken against racially motivated hate crimes; and to be prompt, thorough and transparent in dealing with all cases of alleged police abuse and misconduct.
But is anybody from the ruling party listening? According to international press reports, the government was not available for comment. When it comes to criticism from abroad, on current and recent form, expectations of anything resembling an enlightened response are none too high.
