Breaking the 'circle of marginalisation' through desegregation measures: X and Others v. Albania

Abstract

In the recent case of X and Others v. Albania on the segregation of Roma and Egyptian pupils in education, the ECtHR speaks up strongly against the wrongs of segregation, fifteen years after the Grand Chamber had first done so in the case of D.H. and Others v. the Czech Republic. The Court once more emphasises the importance of ensuring the equality of these vulnerable minorities, especially for children in the early stages of their lives.

With this judgment, the issue of segregation in education that still persists in many countries across Europe has once more been brought to the Court’s attention. Aside from reaffirming already well-known principles on segregation, the Court strengthens its earlier case law by formulating a more powerful positive obligation to act against segregation and subtly lowers the threshold for finding a situation of segregation to be discriminatory under the European Convention of Human Rights.