Is it discrimination, segregation or both? An interdisciplinary perspective on societal (‘de facto’) segregation in education

Abstract

Segregation in education is widespread across Europe and generates unequal opportunities. Social science studies show that societal (‘de facto’) segregation of pupils on the basis of socioeconomic status results in clear inequality, where already disadvantaged pupils are not only set back by their own disadvantaged background, but also by existing segregation in education. However, the legal status of this societal segregation, which often cannot be directly linked to specific discriminatory or harmful legal policies, remains unclear. This chapter aims to bring some clarity to that legal status. It analyses the concept of segregation in education in human rights law, applying a self-devised interdisciplinary framework of analysis to the legal concept of segregation of the ICERD and ESC. Afterwards, it draws parallels between the different elements of segregation and aspects of discrimination which lay the groundwork for establishing whether (societal) segregation amounts to discrimination.