On 28 February 2025, the European Court of Human Rights (ECtHR) issued its judgment in the case of SALAY v. SLOVAKIA, in which it found that the Slovak Republic had violated the rights of Roma pupils by enrolling them in a special school without sufficient safeguards against discrimination. This judgment confirms the need to reform diagnostic tests and take measures to ensure equal access to quality education for all children. The ECtHR's decision also draws attention to the long-standing problem of segregation in the education system and provides a strong legal basis for the necessary changes.

In particular, the judgment highlights that the tests used to decide on the inclusion of children in special classes may have been culturally and linguistically biased, leading to the risk of misdiagnosis. The complainant was first admitted to the zero year of primary school in 2004 and was subsequently placed in a special class on the basis of tests which, according to him, were biased against Roma children. In 2014, he brought an anti-discrimination claim before a Slovak court, but it was rejected. Subsequently, his case went to the ECtHR, which found in his favour.

The main consequences of the judgment:

📌 Reform of diagnostic tests - Diagnostic tests must be objective and must not contain hidden biases that could lead to miscategorisation of pupils. The state will need to implement more rigorous standards and transparent control mechanisms for assessing school competency.

📌 S afeguards against misclassification - There is a need to ensure that children are not misclassified into the special education system without proper justification and scrutiny. In practice, this also means better informing parents and tightening the decision-making processes of education professionals.

📌 Promoting inclusive education - The judgement creates a space for discussion on how to improve access to education for all children, without distinction. In addition to legal and systemic changes, teachers will need to be actively supported in integrating children from disadvantaged backgrounds into mainstream classrooms.

📌 Breaking down long-standing barriers - The judgment opens up space to improve conditions for Roma pupils, while increasing pressure on the state to introduce measures to ensure equal opportunities for all pupils, regardless of their ethnicity. The ruling is also expected to have a positive impact on other areas related to the protection of minority rights.

📌 International call for change - The ECtHR pointed out that Slovakia has a higher than average number of Roma children in special classes, which can lead to inequality in access to education. This decision should be the impetus for a systematic reform of education in line with European standards.

Relevance for Slovakia

This judgment has important implications for Slovakia as it highlights the need to ensure equal access to education for all pupils. It is expected to lead to changes in the system of diagnostic tests and strengthen protection against discriminatory treatment in education. The ECtHR's decision is therefore an important step towards modernising and making the education system in Slovakia more equitable.

In addition to legal changes, it will also be necessary to create new methodological tools for educators, improve school counselling and ensure thorough monitoring of the educational process. Expert teams should be established to oversee the transparency of diagnosis and the inclusion of pupils in school programmes.

The decision also highlights the need to pay more attention to the specific needs of children from disadvantaged groups, especially in regions where these children are over-represented in special classes in the education system. The ECtHR found that the decision to include Roma children in special education was not sufficiently tailored to their cultural and linguistic background, resulting in systematic discrimination.

The applicant claimed compensation of EUR 12,000 for non-pecuniary damage and EUR 9,960 for costs. The ECtHR awarded him €3,000, rejecting the remainder of his claims. Although the compensation is not large, the verdict is of fundamental importance for future cases and education policy in Slovakia.

Next steps

The judgment is a call for the Slovak Republic to rethink existing mechanisms and put in place effective measures to promote inclusive education. The State is expected to take steps to align its practices with European standards. Implementation of the judgment should include legislative changes, school reforms and close monitoring of their application in practice.