CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 1 mars 2005
- ECLI
- ECLI:CEDH:003-1279497-1333802
- Date
- 1 mars 2005
- Publication
- 1 mars 2005
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s99A63BFE { margin-top:0pt; margin-bottom:0pt; text-align:left; font-size:11pt } .s5D8BCAF7 { width:3.12pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } EUROPEAN COURT OF HUMAN RIGHTS   097 1.3.2005   Press release issued by the Registrar   CHAMBER HEARING D.H. AND OTHERS v. THE CZECH REPUBLIC   The European Court of Human Rights is holding a Chamber hearing today Tuesday 1 March 2005 at 9 a.m., on the admissibility and merits in the case of D.H. and Others v. the Czech Republic (application no. 57325/00).   The applicants   The applicants are 18 Czech nationals of Roma origin who were born between 1985 in 1991 and live in or near Ostrava (Czech Republic).   Summary of the facts   Between 1996 and 1999 they were placed in special schools (speciální školy) for children with learning difficulties unable to follow the ordinary school curriculum. The statutory procedure is for such placements to be made by the head teacher at the child’s original school on the basis of an IQ test and the recommendation of a child psychology centre and with the consent of the child’s legal representative.   Fourteen of the applicants sought a review by the Ostrava Education Department ( školský úřad ) on the grounds that the tests that had been performed were unreliable and their parents had not been sufficiently informed of the consequences of giving consent. The Education Department found that the placements had been made in accordance with the statutory rules.   In addition, 12 of the applicants appealed to the Constitutional Court. They argued that their placement in the special schools amounted to a general practice that created segregation and racial discrimination through the coexistence of two autonomous educational systems, namely special schools for the Roma and “normal” primary schools for the majority of the population. That appeal was dismissed on 20 October 1999.   Complaints   The applicants allege that they have been subjected to degrading treatment in the form of segregation on grounds of racial origin, in breach of Article 3 (prohibition of degrading treatment) of the European Convention on Human Rights. They also complain under Article   2 of Protocol No. 1 (right to education), taken alone and together with Article 14 (prohibition of discrimination), that they have been deprived of their right to education on account of their Roma origin. Lastly, they complain that no reasons were stated for the decisions to place them in special schools and procedural safeguards were not complied with, in breach of Article 6 (right to a fair hearing).     Procedure   The application was lodged with the European Court of Human Rights on 18 April 2000. On 10 May 2004 the Chamber President authorised two non-governmental organisations – Interights and Human Rights Watch – to submit third-party written observations.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , András Baka (Hungarian), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Antonella Mularoni (San Marinese), Danute Jočienė (Lithuanian), judges , Riza Türmen (Turkish), Mindia Ugrekhelidze (Georgian), Elisabet Fura-Sandström (Swedish), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   Vít Alexander Schorm , Agent ,   Eva Petrová , Pavla Katzová , Karel Tomek , Advisers ;   Applicants :   Lord Lester of Herne Hill and James Goldston , Counsel,   David Strupek , Adviser .   *** After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility followed if appropriate by a judgment, will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 1 mars 2005
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-1279497-1333802
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