information provided in the State Report of Austria concerning a Constitutional Court
Decision on primary education for the Slovene minority.38
b)
Access to education for Roma
The equal access of Roma children to good quality education and their integration in the
societies is a persistent problem in many States Parties to the Framework Convention.
Segregated education, often of lower standard than that offered to other students, is one of the
most extreme examples of the precarious position of Roma parents and pupils. The Advisory
Committee has repeatedly criticized practices of segregation of Roma students and welcomed
efforts to end such practices.39 Other problems encountered are the bullying of Roma children
by other children or, even by teachers, inappropriate and culturally biased tests used in the
educational systems, the lack of recognition of the Romani language in schools, low income
and lack of school meals for Roma. The Advisory Committee has observed differences in the
treatment of girls and boys. The Advisory Committee has welcomed efforts to tackle such
problems, for instance through offering of school meals, introduction of public transportation,
training of Roma school assistants and teachers. In its Opinion on Romania, the Advisory
Committee was pleased that measures taken had included the appointment of Roma mediators
and school inspectors and the reservation of quotas reserved for Roma students in higher
education.40
Summary of points on Article 12 (3)
Ensuring the access of all persons belonging to national minorities to good quality education
means that States need to act resolutely in the following three areas:
Ensuring that all children (including Roma) are duly enrolled in schools and that
difficulties encountered by displaced persons or persons belonging to nomadic or seminomadic groups are addressed in constructive and active ways. The existence of
education or some levels of education exclusively in the official language may be
blocking the access to education for children belonging to national minorities or other
groups (e.g. recent immigrants and refugees).
Ensuring and monitoring school attendance by all pupils, including those
belonging to national minorities. Shortcomings in the availability of pre-school
education, school facilities, in physical access to schools and transportation, or in
ensuring safety of children in school, as well as parents socio-economic problems, lack
of confidence in the educational system may all result in reluctance of parents to send
38
State Report of Austria ACFC/SR(2000)3. The Decision of the Constitutional Court of 15 December 1989
(Collection VfSlg. 12.245/1989) on the primary school system held that section 10 paragraph 2 of the Minority
Schools Act for Carinthia was unconstitutional and, consequently, quashed a phrase in section 11 of that law as
well as section 1 paragraph 1 of the pertinent Carinthian implementing law for not being in conformity with the
Constitution. It was the understanding of the Constitutional Court that Article 7 (2) of the State Treaty of Vienna
was directly applicable. The subjective (public) right of Austrian citizens belonging to the Slovene minority to
receive elementary tuition in the Slovenian language, accordingly, applies in the entire Carinthian territory and
not just in the "autochthonous Slovenian" region in Southern Carinthia.
39
See e.g. Advisory Committee Opinions on Austria ACFC/INF/OP/I(2002)009, the Czech Republic
ACFC/INF/OP/I(2002)2, Hungary ACFC/INF/OP/I(2001)4 and Croatia ACFC/INF/OP/I(2002)003.
40
Advisory Committee Opinion on Romania ACFC/INF/OP/I(2002)001, paragraph 57. See also above the
section concerning ‘the scope of education’ including reference to the Advisory Committee Opinion on Slovakia
ACFC/INF/OP/I(2001)1.
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