North Macedonia / Commission for Prevention and Protection against Discrimination (Комисија за спречување и заштита од дискриминација) / No.0801-402/1

Country

North Macedonia

Title

North Macedonia / Commission for Prevention and Protection against Discrimination (Комисија за спречување и заштита од дискриминација) / No.0801-402/1

View full Case

Year

2021

Decision/ruling/judgment date

Friday, September 16, 2022

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

Commission for Prevention and Protection against Discrimination (Комисија за спречување и заштита од дискриминација)

Key facts of the case

A pupil from seventh grade in a private francophone primary school was signed off unilaterally by the school itself on 30 June 2022, i.e. was expelled from the school. The legal representative of the parents raised a discrimination claim in front of the equailty body claiming that the child was expelled due to their Muslim religious backgrond. The CPPD found no discrimination.

Main reasoning/argumentation

The CPPD looked into the circumstances of the case, including the composition of the pupils and of the pupils which exited the school without finishing their education. All other prior cases of students leaving the school were based on private reasons (for example, other students left due to their parents gaining employment in another country, or due to personal financial circumstances). The CPPD also took into consideration the principle of laicite, as well as the fact that there are both other students with different religious background and staff members who are Muslim. The CPPD concluded that it was the relationship between the parents and the school which led to the exiting of the school.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

This case is important because it provides an insight as to the type of proof that the CPPD will take into consideration when discussing cases of discrimination in education.

Results (sanctions, outcome) and key consequences or implications of the case

The CPPD did not find discrimination in this case.

Key quotation in original language and its unofficial translation into English with reference details

„Комисијата од сите факти, докази и увид, констатира дека причината на отпишување на ученикот [name redacted] од Скопје е нарушениот однос на неговите родители со професорите од училиштето, со администрацијата и со директорот и воопшто нарушување на угледот на училиштето од страна родителите со што е нарушен еден од основните принципи од Училишниот Правнилник.“ „Based on all facts, evidence, and insight, the CPPD found that the reason for signing off the student [name redacted] from Skopje is the disturbed relationship of the pupil's parents with the professors in the school, administration, and the Principle, and in general damaging the reputation of the school by the parents which violates one of the basic principles of the School Rulebook."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.