MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-2

5 December 2024

1514th meeting, 3-5 December 2024 (DH)

 

H46-2 X and Others v. Albania (Application No. 73548/17)

Supervision of the execution of the European Court’s judgments

 

Reference documents

CM/Notes/1514/H46-2

 

Decisions

The Deputies

1.         recalled that this case concerns discrimination of Roma[1] and Egyptian pupils due to failure of the authorities to implement swift and comprehensive desegregation measures in the “Naim Frashëri” elementary school in Korça attended almost exclusively by such pupils; recalled further that the European Court indicated that the measures to be taken must ensure the end of the discrimination of Roma and Egyptian pupils of that school, as ordered by the decision of the Albanian Commissioner for the Protection from Discrimination (“the Albanian Commissioner”);

As regards individual measures

2.         noted with concern that at least one applicant pupil continues to be subject to school segregation in the “Naim Frashëri” school and that the applicant pupil who was transferred to the “Asdreni” school similarly continues to be exposed to a segregated school environment; while considering that the individual measures in respect of those applicants are closely linked to the general measures, invited the authorities to continue providing information on further interim desegregation measures and assistance that were or will be proposed for them;

3.         noted that no additional individual measures are required as concerns the applicant pupils who completed primary education or reached the age of compulsory education, or emigrated;

As regards general measures

4.         noted with interest the measures undertaken or envisaged by the authorities on the implementation of this judgment, including the coordination meetings held with stakeholders, the establishment of the working group coordinating the execution process, the assessment of the situation of the schools in Korça and the preparation of a plan of measures; noted also with interest the planned establishment of monitoring mechanisms to prevent and address school segregation, the appointment of mediators to facilitate inclusive education and the awareness-raising campaigns foreseen in cooperation with the Albanian Commissioner;

5.         welcoming the authorities’ active engagement in cooperation activities and consultations within the Council of Europe, encouraged them to sustain this dialogue with the aim of taking resolute action ending school segregation;


6.         noting, however, with concern that according to the latest detailed data available, the “Naim Frashëri” school remains segregated, and that several other schools are also affected by over-representation of Roma and Egyptian pupils, stressed the need for concrete and decisive measures to address the segregation rapidly and systematically in those schools and across the country; invited therefore the authorities to provide further information without delay on the concrete measures taken and envisaged and encouraged them to consider the measures outlined in the Secretariat’s analysis;

7.         invited the authorities to provide information on all the above aspects by the end of June 2025; decided to resume consideration of this case at their 1545th meeting (December 2025) (DH), at the latest.



[1] The term “Roma and Travellers” is used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies. The present is an explanatory footnote, not a definition of Roma and/or Travellers.