Elmazova and Others vs. North Macedonia, Nos. 11811/20 and 13550/20, ECtHR (Second Section), 13 December 2022.

School segregation of students of Roma origin. Violation of the prohibition of non-discrimination and the right to education.

Art. 2 Prot. No. 1 ECHR
Art.14 ECHR
 

1. A discrimination contrary to the European Convention on Human Rights may also result from a factual situation.
 
2. The vulnerable situation of the Roma community implies a special consideration of their needs and their different way of life, both at the normative level and in the adoption of concrete decisions by the competent administrations. Therefore, it is primarily the responsibility of the State party to take positive and effective measures to correct the de facto inequality of Roma students and to prevent the perpetuation of discrimination resulting from their over-representation in schools, thus breaking the circle of marginalization and enabling them to live as equal citizens from the earliest stages of their lives.