D.H. v. Czech Republic: Roma Educational Equality and the Vulnerability of Strategic Litigation

Abstract

In 2007, the Grand Chamber of the European Court of Human Rights ruled that 18 Czech Roma primary school children had been unlawfully placed into special schools, designed for “mentally handicapped” children, and were subject to indirect racial discrimination. D.H. and Others v. the Czech Republic, a landmark piece of strategic litigation, hoped to catalyse tangible Czech educational reform; however, reports persist of Roma educational segregation. Firstly, this study briefly investigates why strategic litigation is an attractive, albeit obstacle-ridden, tool to effect societal reform. The study then conducts an in-depth impact analysis of D.H., focusing on Czech legal reactions and supranational developments and the post-judgment responses of the Czech Roma community. The study concludes that strategic litigation is a potent tool to effect social change but, regarding implementation and obstacles to its use and impact, remains vulnerable if not used in conjunction with extra-legal activism.

Keywords: strategic litigation; extra-legal activism; educational desegregation; Roma; European Court of Human Rights; Czechia

DOI: 10.14712/23363231.2020.10

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