CERD/C/CZE/CO/7 page 6 taken note of the new Education Act, the Committee remains concerned that this situation also seems to result from discriminatory practices and lack of sensitivity on the part of the authorities to the cultural identity and specific difficulties faced by the Roma. Special measures for the advancement of certain groups are legitimate provided that they do not lead, in purpose or in practice, to the segregation of communities. The Committee is also deeply concerned that a disproportionately large number of Roma children are being removed from their families and placed in State institutions or foster care. (articles 2, 3 and 5 (e) (iii) and (v)) The State party should increase its efforts to assess the situation of the Roma in the field of education. It should develop effective programmes specifically aimed at putting an end to the segregation of Roma in this area, and ensure that Roma children are not deprived of their right to family life and to education of any type or any level. The Committee, in particular, recommends that the State party review the methodological tools used to determine the cases in which children are to be enrolled in special schools so as to avoid indirect discrimination against Roma children on the basis of their cultural identity. 18. The Committee notes that several distinctions made under domestic law between the rights of citizens and non-citizens may not be fully justified. It notes in particular that European Union non-citizens, although they are entitled to vote and be elected at local elections, may not belong to a political party. The Committee also notes with concern that a condition under the Act on Registered Partnerships between Persons of the Same Sex, currently under debate in Parliament, may be that at least one of the persons be a Czech citizen. (article 5) The Committee draws the attention of the State party to its general recommendation XXX (2004) on non-citizens, and recalls that differential treatment based on citizenship constitutes discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim. 19. The Committee notes that the Office of the Ombudsman, which is authorized to deal with complaints against State institutions and administrations listed in the Act on the Public Defender of Rights, has received very few complaints of racial discrimination. It is concerned that, because of delays in the adoption of general anti-discrimination legislation, no specific institution has been mandated to safeguard the right to equal treatment, assist victims in bringing their claims, or receive complaints of racial discrimination in the private sector. The Committee is further concerned that difficulties in obtaining legal aid continue to be an important barrier preventing victims of racial discrimination from bringing cases before the courts. (article 6) The Committee reminds the State party that a low number of complaints by victims of racial discrimination could result from the inadequate character of

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