A/HRC/4/9/Add.2 page 16 schools, which are widely regarded as substandard with poor facilities and low teaching standards. Research groups suggest that the numerical intake of children into special needs schools remains constant year-on-year, suggesting a system based on quotas and institutional maintenance, rather than on the specific education needs of disabled children. 66. As part of its Action Plan for the Decade of Roma Inclusion 2005-2015, focusing on education, employment, health and housing, the Hungarian Government has provided financial incentives to local governments to assist in desegregation of schools. However the take-up has been poor and serious abuses of the system have been reported. For those authorities that fail to put in place desegregation measures, according to the Equal Treatment Act and recent judicial decisions, no penalties have been imposed and their core State funding remains intact. 67. A widely cited recent judicial decision on school segregation found the Miskolc Municipality, in its role as Education Authority for Hungary’s second largest city, to be maintaining segregation of Roma children in primary schools where they are taught in separate buildings and receive lower quality education. A legal action brought in June 2005 focused on seven schools which were “administratively and financially” merged but in practice maintained physical segregation. In June 2006, the Debrecen Appeals Court overturned a first instance judgement, in finding that Miskolc maintained the segregation of Roma children, violating their right to equal treatment. Importantly the Court agreed that not only active, but passive conduct could lead to a violation of the Equal Treatment Act. 68. In Jászladány in 2002 the municipal government actively segregated Roma and non-Roma children through the creation of a private foundation school (occupying half of the existing school building) excluding Roma children. This was partially achieved by manipulation of the system of minority self-government in order to neutralize its powers of veto. In the Roma minority self-government elections, the mayor’s wife, considered by community members to be non-Roma, stood as a candidate and was elected president. Until reforms instituted in July of this year, non-minorities could participate as candidates and the electorate in contests for minority self-governments. In this capacity, she supported the foundation school, thus allowing it to be registered. 69. The Equal Treatment Act bans segregation in schools and the Equal Treatment Authority has the power to bring legal cases against local authorities in cases of segregation. However, a finding of violation, even by the Constitutional Court, is not matched by sufficient penalty to prevent continuation of the offence or to act as a deterrent. In the Miskolc case, the Appeals Court concluded that, beyond a finding of violation and an order to publicize its finding via the media, it could not require Miskolc to actively engage in implementing a desegregation plan. Education of Roma girls and women 70. Hungary’s 2006 report to the Committee on the Elimination of Discrimination against Women (CEDAW) demonstrates that some 35-40 per cent of Roma women have not completed primary school education. The Independent Expert expressed her concern in particular over the educational situation of Roma girls, both in regard to the discriminatory educational environment and attitudes within Roma communities that further restrict the participation of girls in education.