Hungary / Supreme Court / Pfv.IV.20.068/2012/3.szám Roma rights appeal to Constitutional Court

Key facts of the case:

In October 2011 the Győr Court of Appeal (Győri Ítélőtábla) concluded in a case, involving the Chance for Children Foundation (Esélyt a Hátrányos Helyzetű Gyerekeknek Alapítvány) and a public elementary school in Győr, that the passive maintenance of a spontaneously segregated educational arrangement, i.e. not implementing desegregation measures, amounts to the violation of the principle of equal treatment. However, this Court rejected the eligibility of a Roma rights NGO to represent Roma children in this lawsuit. The case was appealed to the Supreme Court (Kúria).

Results (sanctions) and key consequences of the case:

The Supreme Court repealed a part of the revised sentence, which obliged the defendant to take measures to eliminate the consequences of the unlawful practice, arguing that it would risk the maintenance of the school, and it would violate the right of parents to choose between educational institutions for their children.

Deciding body (original language): 
Kúria
Language: 
Hungarian