Horváth and Kiss v. Hungary

Хорват и Кис против Унгарија

In the case of Horváth and Kiss v. Hungary (application no. 11146/11), which is not final, the European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights read in conjunction with Article 14 (prohibition of discrimination) of the Convention. The case concerned the complaints of two young men of Roma origin that they had been wrongly placed in schools for the mentally disabled and that their education there had amounted to discrimination.

The Court underlined that there was a long history of wrongful placement of Roma children in special schools in Hungary. It found that the applicants’ schooling arrangement indicated that the authorities had failed to take into account their special needs as members of a disadvantaged group. As a result, the applicants had been isolated and had received an education which made their integration into society at large difficult.