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a European Parliament resolution calling on states to desegregate their education systems. In addressing school segregation around the time of accession in 2004, each state examined in this paper had different responses. The Czech Republic’s Education Act (2004) moved away from policies of segregated schools for “socially disadvantaged” children, but established in Section 16(8) of the law a system under which individual schools have the discretion to establish special classes or departments for children with disability of any type, including social disadvantage. Furthermore, the law declared that schools were to provide disabled or disadvantaged children with additional resources, such as Braille for blind children or textbooks for those who cannot afford their own. Finally, the law allowed for teaching assistants, who are hired at the discretion of the school to support disabled or disadvantaged children in the classroom. Teaching assistants were especially important in helping Roma children, who often struggled in a majority-culture environment, navigate the classroom20. Slovakia implemented some of the same practices as the Czech Republic, such as instituting paid teaching assistants in 2002 along with a “zero-year” of pre-school for students who would struggle in a primary school classes for developmental, linguistic or socioeconomic reasons. Other basic reforms such as recalibrating standardized testing that disproportionately directs Roma children to schools for the mentally handicapped were also implemented in 2005. These programs, along with others, were implemented as part of the PHARE fund of the EU, which was established in 1989 and subsequently expanded to help countries across Eastern Europe handle the Czech Republic (2004). On Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act) 2004. Chapter 16. Prague 20 84 | McGill Journal of Political Studies 2014 costs of transitioning into the EU21. Hungary’s Roma were generally better integrated than in the Czech Republic or Slovakia. 62% of Roma children attended majority-population schools in 2003, and the vast majority of Hungarian Roma speak Magyar as their primary language. Still, policies to remedy school segregation began strongly before accession, with major revisions of the Public Education Act in 1999, 2002 and 2003. Along with the institution of paid teaching assistants and funds to subsidize school supplies, the Hungarian government earmarked money to reward schools that proactively integrate and foster a “favourable environment for Roma children22.” Despite the beginning of the “Decade of Roma Inclusion” in 2005, with each country submitting an official action plan and making political statements in favour of Roma inclusion, the situation on the ground has barely improved. Today, the statistics on the segregation of Roma in schools have not seen substantial improvement from the UNDP’s 2003 report; segregation in pre-school and primary schools had scarcely improved or even worsened since 2003. A report found that “while more than 75% of all children aged 3-6 are in preschool in each of these countries, the large majority of Roma children are not23.” In Hungary, possibly due to increasing social polarization, school segregation has increased substantially since the 1990s. In Slovakia, 36% of primary school students attend classes with all or mostly Roma peers, only 4% less than in 2003 before any new policies were implemented. In the Czech Carey, D. (2007), “Improving Education Outcomes in the Slovak Republic,” OECD Economics Department Working Papers, No. 578, OECD Publishing, p. 17-8. 22 Lannert, J. “Strategies for reform and innovation in Hungarian public education.” (2004), p. 5-7. 23 World Bank (2012) Toward an Equal Start: Closing the Early Learning Gap for Roma Children in Eastern Europe. [report] World Bank/European Commission, p. 7. 21 Republic, while Roma make up between 1.4 and 2.8% of the population, 32% of all students in primary schools for the mentally disabled or “practical elementary schools” were Roma24. Even since the landmark decision of D.H. v. Czech Republic (2007), where the European Court of Human Rights (ECtHR) found that the Czech government had violated the European Convention on Human Rights by segregating Roma children into special schools, no concrete action has been taken25. The same is true for cases against Slovakia26 and Hungary27 at both the European and national levels. Numerous commissions have been implemented to “study” the problem. These commissions, often created on the back of European political pressure or EU judicial mandate, dutifully produce reports calling for policy changes, which rarely occur. This is a common theme across all three countries examined in this paper. Case Study 2: Unemployment Employment, according to the Roma themselves, is the single most important measure of social inclusion in every country measured, and, in the 2003 UNDP report Avoiding the Dependency Trap, it is also clearly the most pressing concern for most Roma families. During the Communist era, Roma, along with most other members of society, were guaranteed employment by the state. With the collapse of communism, Roma lost their jobs in inefficient state-owned firms en masse, causing Roma unemployment rates to soar to levels that appear almost unimaginably high. Unemployment rates vary widely, Ibid. D.H. and others v. Czech Republic (Case C-57325/00) [2007] ECtHR (2006) 26 Amnesty International (2012a) Slovak court rules segregation of Roma in schools unlawful | Amnesty International. [online] 27 Horváth and Kiss v. Hungary (Case C-11146/11) [2013] ECtHR (2013) 24 25 with perceived unemployment, measured through surveys of Roma families, at 46% in the Czech Republic, 58% in Hungary and 85% in Slovakia. This perceived unemployment rate does not include work in the informal sector of the economy. Taking this into account, the International Labour Organization (ILO)’s “broad unemployment “Today, the statistics on the segregation of Roma in schools have not seen substantial improvement from the UNDP’s 2003 report; segregation in pre-school and primary schools had scarcely improved or even worsened since 2003.” rate” for Roma, with the broadest possible definition of employment, was lower. Roma have an unemployment rate of 34% in the Czech Republic, 26% in Hungary and 64% in Slovakia. This means that even with the broadest definition of labour, including unregulated, insecure and poorly paid informal work, Roma unemployment rates are four times higher than the general population in the Czech Republic and Hungary and three and a half times higher in Slovakia. This is clearly related to the low average education level of Roma; among more educated Roma with secondary or higher education, unemployment rates are substantially lower28. This unemployment was not just related to the generally lower level of education in Roma communities; racial discrimination had a powerful effect. As stated by the European Commission’s 2004 report, The Situation of Roma in an Enlarged European Union, many employers attempted t o submit jobs listings explicitly discouraging Roma from applying, which often went unaddressed by local authorities29. In 2003, UNDP (2003) Avoiding the Dependency Trap. [report] Bratislava: United Nations Development Programme, p. 31-7. 29 European Roma Rights Centre (2004) Stigmata: 28 The Effect of Accession to the European Union | Langer | 85