Resolution CM/ ResDH (2011)119 [1]

Execution of the judgment of the European Court of Human Rights

Sampanis and others against Greece

(Application No. 32526/05, judgment of 5 June 2008, final on 5 September 2008)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern: the authorities ’ failure to provide schooling for the applicants ’ children of Roma origin and their subsequent placement in special preparatory classes and the absence of an effective remedy to secure redress in this respect (violations of Article 14 taken together with Article 2 of Protocol No.1 and of Article 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violation by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Recalling that the Committee of Ministers ’ decisions under Article 46, paragraph 2, of the Convention are entirely without prejudice to the Court ’ s consideration of other cases currently pending before it

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)119

Information about the measures to comply with the judgment in the case of

Sampanis and others against Greece

Introductory case summary

The case concerns the authorities ’ failure to provide schooling for the applicants ’ children during the 2004 ‑ 2005 school year and their subsequent placement in special preparatory classes in 2005. In particular, the Court concluded that, in spite of the authorities ’ willingness to provide education to Roma children, the conditions of school enrolment for those children and their placement in special preparatory classes – in an annex to the main school building – ultimately resulted in discrimination against them (violation of Article 14 in conjunction with Article 2 of Protocol No.1). The case also concerns the absence of an effective remedy to secure redress in this respect. In particular, the Court noted that the Greek Government had not adduced any specific case-law as evidence that the remedy invoked could have resulted in the annulment of the alleged failure of the administrative authorities to proceed with the enrolment of the children (violation of Article 13).

Concerning the failure to provide schooling for the children in 2004-2005, the Court noted that Greek law recognised the specific nature of the Roma community ’ s situation by facilitating the school enrolment procedure for the Roma children. In this specific case the authorities should have recognised the particularity of the Roma community ’ s situation and should have facilitated the enrolment in primary school. Yet although the authorities had not explicitly refused to enrol the children, they did not do so despite the fact that their parents had explicitly expressed to the competent school authority their wish to enroll their children.

Concerning the special preparatory classes situated in an annex of the 10th primary school of Aspropyrgos , in which the applicants ’ children had been placed in 2005, the Court considered that the authorities had not based their decision to place the children in the preparatory classes on a single and clear criterion. It noted, in particular, that the authorities had not shown that any suitable test had been given to the children concerned in order to assess their capacities and potential learning difficulties. Although the declared objective of these classes was for the pupils concerned to attain the right level so that they could enter ordinary classes in due course, the authorities did not cite any example of pupils (amongst the 50 students concerned) who had then been admitted to the ordinary classes of the Aspropyrgos primary school. Furthermore, it was not shown that any tests existed that would enable the school authorities to assess periodically whether, based on objective facts and not approximate appraisals, the Roma children were capable of attending ordinary classes.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

66 000 EUR

2 000 EUR

68 000 EUR

Paid on 4/12/2008

b) Individual measures

The special preparatory classes annexed to the 10th primary school of Aspropyrgos were abolished.

The Greek authorities have taken measures in order to facilitate enrolment of the applicants ’ children in an ordinary school following the Court ’ s judgment. In accordance with ministerial decision No. 10781/D4/2008, a new ordinary primary school (12th Primary School of Aspropyrgos ) was established. The school, intended to receive both Roma and non-Roma pupils, covers among others the area where the Roma community of Aspropyrgos mainly resides. These measures were therefore aimed at providing schooling to the applicants ’ children in an ordinary school.

Following the Court ’ s judgment, nearly all of the applicants ’ children have been enrolled with the 12th Elementary School of Aspropyrgos . They did not, however, attend the classes regularly. Three children reached the age when they were not obliged to attend school any longer. Moreover, the parents did not enrol four other children at the school, while one child has already graduated from another elementary school.

II. General measures

1) Concerning the violation of Article 14 in conjunction with Article 2 of Protocol No.1

The Greek authorities provided extensive information in their consolidated action plan [DH-DD(2011)52] , as well as additional information afterwards. This information is summarised below:

Measures concerning enrolment and schooling of Roma children

Special measures were taken to facilitate the enrolment of Roma pupils in primary schools. Unlike other pupils, Roma children are enrolled in the primary schools in a simplified procedure on the basis of a sole declaration and without the filing of certificates. The authorities issued a number of circulars providing instructions to the school administrations concerning the practicalities of the facilitated enrolment of Roma children and monitoring their regular attendance of classes ( Nos F.1.T.Y./1073/117052/G1/23-9-2009, F.3/960/102679/G1/20-8-2010, 114893/G2/14-9-2010.

The Greek authorities have also taken a number of measures aimed at including Roma children in the national education and eliminating their discrimination in this field. These measures include, in particular, the introduction of a new education policy based on the French model of Zones d ’ Education Prioritaire . These zones, including in the Aspropyrgos area, aim at reinforcing the inclusion of the socially most vulnerable groups (Roma, migrants, etc) by various actions and by means of education (Ministerial decision AF.821/3412P/157476/Z1/31-12/2010). The Dosta ! awareness-raising campaign promoted by the Council of Europe and aiming at combating stereotypes and prejudice as regards the Roma people was also launched in Greece by the Ministry of Education in February 2011. The Greek campaign focuses on primary and secondary school.

Moreover, the authorities launched a specific programme as of school-year 2010-2011, aimed at active adhesion of Roma children to national education to be implemented by two major Greek universities. In accordance with this programme, the authorities have introduced special mediators fluent in Romani in order to assist Roma families with education of their children. The authorities appointed 15 school mediators in the Attica region, including one in the Aspropyrgos area. The Council of Europe is organising a number of training activities for them in the context of its European Training Programme for Roma Mediators (ROMED). In accordance with the programme ”Education for Roma Children”, the authorities also introduced social workers in charge of psychological support offered to Roma families. These social workers, among other duties, visit schools with Roma pupils and Roma camps in order to identify Roma children who should attend the school and to encourage their parents to send them to the school. Teaching assistance has been made available to Roma children with learning difficulties through enhanced extra-curricular activities (additional courses and enhanced school activities) , including in the Aspropyrgos area. The authorities have also provided special training courses on intercultural education for the school teachers. The Ministry of Education set up in the beginning of 2011 an Advisory Committee for the programme “Education for Roma Children” for the purpose of consulting on the relevant issues, as well as monitoring and evaluating the implementation and the progress of the programme Education for Roma Children. The Committee comprises representatives from the Council of Europe, the European Commission, the OSCE/ODIHR and other major stakeholders.

The Greek authorities also set up three educational centres for the purpose of education of adults " Institute for the Continuing Training of Adults" , " Centres for Adults Training" and "School for Parents". People with Roma background may participate after they reach 15 years of age.

Finally, the Greek authorities have regularly provided information on measures taken to improve facilities and conditions of work for the 12th Primary School of Aspropyrgos , whilst noting that issues concerning the functioning of this school are presently being considered by the Court in the context of a new application (application No. 59608/09, communicated to the authorities on 11/04/2011).

2) Concerning the violation of Article 13 regarding the authorities ’ failure to enroll the applicants ’ children

The Greek authorities indicated that acts or omissions of the school authorities are in fact administrative acts. These administrative acts may be challenged in administrative proceedings (administrative court of appeals at first instance, Council of the State at second). In the present case, the Court found a violation on account of the absence of an effective remedy because the authorities were unable to provide case-law in a similar context. The authorities indicate that such ad hoc case-law does not exist yet. However the domestic courts have clearly decided in a number of decisions issued since the Court ’ s judgment that the administrative court of appeals was competent to examine applications requesting quashing of administrative acts taken in implementation of educational legislation (e.g. school authorities ’ decisions that order change of school environment for certain students, due to their behaviour ; decision for non-enrollment following interruption of studies; decision for not accepting student to a certain level of high school, following qualifying tests).

III. Conclusions of the respondent state

The government considers that no additional specific individual measures are required, that the general measures adopted will prevent similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies