Hungary: The situation of Roma children in the educational system, including legislation and the effectiveness of government programs (2009-September 2011)
The Situation of Roma Children in the Educational System
Sources state that Roma continue to face "discrimination" in education in Hungary (UN 27 May 2011; Hungary 19 Sept. 2011). Several sources indicate that there is still educational segregation of Roma (EDUMIGROM 2011, 275; UN 27 May 2011; Council of Europe 17 Sept. 2010, para. 28; CFCF et al. Nov. 2010, para. 2.3-2.4; The Guardian 1 Aug. 2010). According to the Chance for Children Foundation (CFCF), an organization established in 2003 with the purpose of fighting segregation against Roma and socially deprived children in the educational system (ERRC et al. n.d., 3), "the schools are segregated in 170 towns and villages; separate Roma-only classes persist in 700 more communities" (qtd. in ERRC et al. June 2011, 17). Hungary's Minister of Social Inclusion reports that approximately one third of the primary schools are segregated (qtd. in AFP 5 Apr. 2011).
In a report submitted to the United Nations (UN) Human Rights Council (HRC), the Hungarian government acknowledges "lack of equality in access to quality education" for Roma pupils, and adds that problems "characteristic of a significant proportion of the Roma minority are not due mostly to their ethnic origin, but to their social and health-related status" (Hungary 16 Feb. 2011, para. 16). The Hungarian government also indicates that "hidden segregation is gradually reducing from 2008" (ibid.). However, the Ethnic Differences in Education and Diverging Prospects for Urban Youth in an Enlarged Europe (EDUMIGROM), a research project based at the Central European University in Budapest that received funding from the European Commission, points out that, although the government took actions implementing the integration measures, "education segregation has increased in the past decade" (2011, Copyright Page, 275). Similarly, a report by the European Roma Rights Centre (ERRC), the Chance for Children Foundation (CFCF) and the Hungarian Helsinki Committee (HHC) states that placement of Roma children into segregated schools and classes has been increasing over the past 15 years (ERRC et al n.d., 4). The report was submitted to the UN HRC 98th Session held from 8 to 26 March 2010 (UN n.d.).
A group submission, including the CFCF, to the UN Universal Periodic Review indicates that Roma children are overrepresented in schools for children with intellectual disabilities (CFCF et al. Nov. 2010, para. 2.3). The joint submission also indicates that children with multiple or severe disabilities "were not guaranteed the right to participate in the public school system" (ibid., para 6.3). The report by the ERRC, the CFCF and the HHC notes that " it is still common" to determine in which classes Roma pupils will be based on their intellectual abilities and that the methods used to do so "are still out of date and culturally biased" (ERRC et al n.d., 6).
A report by the UN Children's Fund (UNICEF) and the European Social Observatory (OSE) states that, according to a 2010 UNICEF study, 46 percent of Roma children are enrolled in secondary school, with 12.9 percent completing their studies (UNICEF and OSE 23 Feb. 2011, 8).
Legislation
According to the report submitted by the Hungarian government to the UN Universal Periodic Review, Act LXXIX of 1993 on Public Education prohibits discrimination and promotes equal treatment (Hungary 16 Feb. 2011, para. 15). The report states that the
National Core Curriculum contains detailed regulations on promoting equal opportunities in education. The Public Education Equal Opportunity Action Plan is an obligation for the schools and the municipalities and also a condition for support both from EU and national sources. Definition of disadvantage was inserted in the Public Education Act in 2003. (ibid.)
According to the Act on Public Education, "[p]arents have the right to the free choice of educational and educational-teaching institution" (Hungary 1993, Art. 13(1)). The EDUMIGROM study states that because of the free choice of schools, some non-Roma middle-class families remove their children from schools in which there is a large number of Roma children (EDUMIGROM 2011, 28, 272). As a consequence, schools in "smaller settlement or poorer districts of larger urban areas become 'ghetto schools'" (ibid., 272). An article by AFP also reports that after the implementation of the law, a school in Csobanka became "de facto segregated" (5 Apr. 2011).
According to EDUMIGROM, Act CXXV on Equal Treatment and the Promotion of Equal Opportunities of 2003 emphasizes that segregation, "both in educational institutions and its subdivisions (classes, streams) - is qualified as the violation of equal treatment" (2011, 277). Moreover, this Act gives to the "Educational Authority the right to carry out audits on observing regulations on equal treatment" and the right to ask school directors to improve the situation, impose a fine or initiate a court procedure (Hungary 16 Feb. 2011, para. 15). However, the ERRC, CFCF and HHC report states that, since the Equal Treatment Act came into force, the Ministry of Education and Culture has "initiated only one procedure on account of segregation" and notes that CFCF has taken the Ministry to court because of "its failure to take legal proceedings against segregating schools and local authorities" (ERRC et al. n.d., 6).
According to the ERRC, CFCF and HHC report, "successfully pursued charges of segregation in the courts" were initiated by activists (ibid., 5). For instance, several sources report that in 2010, the Supreme Court awarded compensation to five Roma pupils for enduring segregation during their primary schooling in the town of Miskolc, northeastern Hungary (MTI 2 June 2010; AI 2011, 165; The Guardian 1 Aug. 2010). CFCF acted on behalf of children in this affair (ibid.; MTI 2 June 2010). According to the Hungarian English-language business news service, MTI-EcoNews (n.d.), the demand by the five pupils to attend a non-segregated school for the 2004-2005 academic year was rejected and the Supreme Court ruled that this decision was discriminatory (2 June 2010). MTI-EcoNews reports that CFCF was able to close down various schools that discriminated against Roma children (MTI 26 Mar. 2010). However, according to a Council of Europe report published in 2010, "despite a number of court decisions ruling that the ban on segregation had been violated by certain local authorities, schools concerned have apparently not yet taken adequate measures to remedy the situation" (Council of Europe 17 Sept. 2010, para. 114).
The European Commission states in a comparative analysis of anti-discrimination law in Europe that the Ombudsman for Civil Rights and the Ombudsman for the Rights of National and Ethnic Minorities of Hungary "can also investigate cases of discrimination by any public body" (EU Nov. 2010, 65). In correspondence with the Research Directorate, a representative of the HHC indicated that according to Article 16 of Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights (Ombudsman), anybody could apply to the Ombudsman for Civil Rights if in "his/her view an authority, or a public service provider caused an irregularity in relation to the complainants' fundamental rights in the course of its proceedings" (HHC 15 Sept. 2011). According to its mandate, which is based on Article 20 of Act LXXVII of 1993 on the Rights of National and Ethnic Minorities, the Ombudsman for the Rights of National and Ethnic Minorities (Minorities Ombudsman) is authorized to act in all cases arising under the scope of the Minorities Act, such as "participation in education provided in the minority language, political and cultural equality, full participation in public life... as well as the formation and operation of minority self-governments to promote minority rights" (ibid.).
In correspondence with the Research Directorate, the Minorities Ombudsman indicated that
[i]n order to promote the integration of Roma a deputy state-secretary was appointed … inside the Ministry of Justice and Public Administration in 2010. His task is to set up political principles and action programmes in favour of Roma social integration. However, the responsibility for equality and anti-segregation policy belongs to the Ministry of National Resources. (Hungary 19 Sept. 2011)
The Minorities Ombudsman also noted that a significant part of the Roma population lives in rural areas, but complaint bodies are located in Budapest and "only minor offence authorities are available in many settlements" (ibid.). Thus, it may be difficult for Roma to communicate with legal experts and non-governmental organizations (NGOs) (ibid.)
Government programs
A substantial reform of education, which included "[r]enewal of pedagogical methods, revision of legislation on education concerning multiple disadvantages and financial incentives," began in 2003 (Hungary 16 Feb. 2011, 22 note 1). According to the Minorities Ombudsman, through the Roma Integration Policy, the Hungarian government provides financial support for schools that have special programs for integration of disadvantaged students, including Roma, non-native, and disabled children (ibid. 19 Sept. 2011). A report of the working group on the UN Universal Periodic Review states that in order to fight segregation and decrease school dropout rates, Hungary implemented several programmes in 1,800 education institutions; the budget assigned for this purpose was about US$ 40 million (UN 11 July 2011, para. 11). Similarly, the Hungarian government indicates that by 2010, those programs "covered almost 300,000 pupils and reached approximately 13,000 teachers in 1,800 schools" (Hungary 16 Feb. 2011, para. 44). Hungary's Social Renewal Operation Programme (SROP) 2007-2013, co-financed by the European Union, includes the Promotion of Implementation of Equal Opportunities Programmes that are designed to improve the situation of children with multiple disadvantages (Hungary 16 Feb. 2011, para. 50 and note 7). For example, SROP co-ordinates and supports programs related to the development of methodological documents, teacher training courses, and extracurricular activities that encourage opportunities of informal learning (ibid., note 7). The Open Society Foundations (OSF), an international organization that works to build democracies with accountable governments and implements initiatives at the local level (n.d.), in its study on Roma integration strategies points out that the SROP project is a positive policy example (June 2011, 115).
However, the Minorities Ombudsman indicates that there is not enough monitoring of the programs and the municipalities resist against the investigations by the Ombudsman and courts, which are trying to stop school segregation (Hungary 19 Sept. 2011). EDUMIGROM notes that the integration policy
[c]ould not do anything about schools in marginalized, ghettoised settlements; second, it was also unable to treat the consequences of white flights; third, integrating special needs children at an advanced age proved to be problematic in practice. (EDUMIGROM 2011, 275)
The Council of Europe pointed out that the teaching of minority languages was incorporated into the public education system and a possibility of using the minority languages in “public bodies and administrative procedures” was extended to the Romani and Beash languages (17 Sept. 2010, para. 97, 120). However, the report published by the ERRC, the CFCF and the HHC notes that the textbooks still contain "biased and insulting material about Roma" and teacher's training does not focus on tolerance and multiculturalism in education (ERRC et al. n.d., 6).
The government of Hungary offers scholarship programs, which are designed to promote equal opportunities for severely underprivileged students (Hungary 16 Feb. 2011, para. 45). For example, Haversack (Útravaló) scholarship is designed to promote equal opportunity for “severely” underprivileged Roma and non-Roma students, to complete secondary and higher education, or to "learn a profession" (ibid.). Another scholarship, created by the government in 1995, is managed by the Public Foundation for Roma and aims to help Roma students progress in school (ibid., para. 46). Students with disadvantages in their first year of higher education can benefit through the Higher Education Mentoring Programme, which provides personal, non-financial support offered by students studying at the same academic institution (ibid., para. 47). Municipalities also provide scholarships for socially disadvantaged students (ibid., para 48).
According to the Open Society Foundations, starting on 1 January 2009, parents in disadvantaged situations were eligible for annual grants towards education (Mar. 2010, 28). The initial grant is 20,000 forints (95.82 CAD [XE.com 15 Sept. 2011]), and subsequent grants are 10,000 forints (47.91 CAD [XE.com 15 Sept. 2011]), and are subject to the "provision that the child must attend kindergarten no later than the age of four" (OSF Mar. 2010, 28). The Sound Start Programme (Biztos Kezdet Program) ensures early intervention to provide health, child welfare and social services for disadvantaged children up to 5 years of age (Hungary 16 Feb. 2011, para. 49). According to the Hungarian government, it also "combats segregation and improves enrolment for children in poverty" (ibid.). However, the report by the ERRC, the CFCF and the HHC notes the overcrowding of Romani children in preschools, the fact that 20 percent of Roma children live in a place where there is no preschool and the lack of transportation to the villages where preschools are available (ERRC et al. n.d., 6). The report also points out that there were instances when Roma children "were turned away from pre-schools due to their parents' 'social disadvantage' or unemployment" (ibid.). Furthermore, the Minorities Ombudsman indicated the after investigations in minority preschools in 2011, he made recommendations to the government "in vain" (Hungary 19 Sept. 2011).
The Open Society Foundations indicates that it is difficult to assess the effectiveness of a particular program designed for Roma integration because "Hungary prohibits keeping records based on ethnicity" (Mar. 2010, 28). In correspondence to the Research Directorate, the Minorities Ombudsman stated that, despite his proposals to change the collection of statistical data in order to ensure better protection of Roma, the Hungarian government continues to collect data on the "colour-blind" principle (Hungary 19 Sept. 2011). According to the report by the ERRC, the CFCF and the HHC, Hungary "has achieved a high profile for its efforts to improve education for Roma, but much remains to be done before real change takes place for the majority of Roma children" (ERRC et al. n.d., 4).
Non-governmental organizations (NGO) programs
The Hungarian government participates in the Decade of Roma Inclusion program (2005-2015), which focuses on the improvement of Roma in the areas of employment, housing, healthcare and education (REF n.d.b). The Roma Education Fund (REF) was created through the Decade of Roma Inclusion initiative in order "to close the gap in educational outcomes between Roma and non-Roma" (ibid. n.d.a). For instance, the Roma Education Fund's "A Good Start" project, which is funded by the European Union, targets at least 850 Roma and non-Roma children in six different locations in Hungary (REF n.d.c, 11). The project prepares mothers for tasks related to preschool education and focuses on increasing the enrolment of Roma children into preschool education (ibid.). The Unity in Diversity Foundation (Khetanipe Roman Centro), a non-profit organization, focuses on educational programs and projects related to Roma integration (ibid.). The Association for Roma Solidarity, in cooperation with state institutions and civil organizations, helps to improve the situation of Roma in education through programs based on voluntary work, and provides scholarships to students from disadvantaged backgrounds to "ensure secondary and college education of Roma youth" (OSF Mar. 2010, 12).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 5 April 2011. Eszter Balazs. "Making Room for Roma in Hungary's Schools." (Factiva)
Amnesty International (AI). 2011. "Hungary." Amnesty International Report 2011: The State of the World's Human Rights. <http://files.amnesty.org/air11/air_2011_full_en.pdf> [Accessed 30 Aug. 2011]
Chance for Children Foundation (CFCF), European Roma Rights Centre, Foundation for the Women of Hungary, Hungarian Association for Persons with Intellectual Disability, Hungarian Civil Liberties Union, Hungarian Helsinki Committee, Legal Defence Bureau for National and Ethnic Minorities, Minority Rights Group International, People Opposing Patriarchy, The City is for All. November 2010. Hungary: Submission to the UN Universal Periodic Review. <http://www.neki.hu/attachments/491_hungary-upr-08112010.pdf> [Accessed 29 Aug. 2011]
Council of Europe. 17 September 2010. Advisory Committee on the Framework Convention for the Protection of National Minorities. Third Opinion on Hungary Adopted on 18 March 2010. (ACFC/OP/III(2010)001) <http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_Hungary _en.pdf> [Accessed 4 Oct. 2011]
Ethnic Differences in Education and Diverging Prospects for Urban Youth in an Enlarged Europe (EDUMIGROM), Central European University. 2011. Edited By Júlia Szalai. Contested Issues of Social Inclusion Through Education in Multiethnic Communities Across Europe. (Roma Education Fund, REF) <http://www.romaeducationfund.hu/sites/default/files/documents/edumigromfinal-study19july2011.pdf> [Accessed 8 Sept. 2011]
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Hungary. 19 September 2011. Correspondence from the Parliamentary Commissioner for National and Ethnic Minority Rights to the Research Directorate.
_____. 16 February 2011. National Report Submitted in Accordance with Paragraph 15 (a) of the Annex to Human Rights Council Resolution 5/1: Hungary. (A/HRC/WG.6/11/HUN/1) <http://www.upr-info.org/IMG/pdf/a_hrc_wg.6_11_hun_1_e.pdf> [Accessed 1 Sept. 2011]
_____. 1993. Act No. LXXIX of 1993 on Public Education. <http://www.nefmi.gov.hu/letolt/english/act_lxxxix_1993_091103.pdf> [Accessed 1 Sept. 2011]
MTI-EcoNews. 2 June 2010. "Supreme Court Fines Local Council in Roma School Segregation Case." (Factiva)
_____. 26 March 2010. "Further Roma Segregating Schools to be Closed, Says Foundation Head." (Factiva)
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_____. March 2010. Open Society Institute Youth Initiative. Ádám Nagy, Levente Székely and Roza Vajda. Empowering Roma Youth: The Hungarian Civil Youth Sector, Highlighting Roma Organizations. <http://www.soros.org/initiatives/youth/articles_publications/publications/roma-youth-20100302> [Accessed 30 Aug. 2011]
_____. N.d. "About the Open Society Foundations." <http://www.soros.org/about> [Accessed 4 Oct. 2011]
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_____. N.d.b. "Hungarian Roma Strategy Plan." <http://www.romaeducationfund.hu/news/ref/news-and-events/hungarian-roma-strategy-plan> [Accessed 20 Sept. 2011]
_____. N.d.c. "A Good Start." <http://www.romaeducationfund.hu/sites/default/files/documents/ a_good_start_booklet.2001.pdf> [Accessed 30 Aug. 2011]
United Nations (UN). 11 July 2011. Human Rights Council (HRC). Report of the Working Group on the Universal Periodic Review: Hungary. (European Country of Origin Information Network, ecoi.net) <http://www.ecoi.net/file_upload/1930_1314293900_a-hrc-18-17-hungary.pdf> [Accessed 30 Aug. 2011]
_____. 27 May 2011. Office of the High Commissioner for Human Rights (OHCHR). "Full Text of the Press Statement Delivered by the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mr. Githu Muigai, on 27 May 2011 in Budapest." <http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11078&LangID=E> [Accessed 25 Aug. 2011]
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Additional Sources Consulted
Oral Sources: Attempts to contact representatives of the Hungarian Civil Liberties Union, the Legal Defence Bureau for National and Ethnic Minorities, the Open Society Foundations, the Foundation for the Women of Hungary and the European Roma Rights Centre were unsuccessful.
Internet sites, including: Budapest Times; European Court of Human Rights; Freedom House; International Federation for Human Rights; Minority Rights Group International; Radio Free Europe/Radio Liberty; United Nations - Refworld, UN Development Programme, UN Women; United States - Department of State.