114 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January – June 2007 of the “erased”, for deliberately delaying a solution of the problem, for being an attempt to circumvent existing Constitutional Court decisions and for excluding other forms of reparation for the human rights violations suffered as a result of the “erasure”. In February the European Commission against Racism and Intolerance (ECRI) made public its third report on Slovenia, which had been adopted in June 2006. ECRI inter alia deplored “the fact that, as a result of the non-implementation by the Slovenian authorities of the decision of the Constitutional Court, it is still not possible for approximately 6,000 people to regain the rights of which they were unlawfully stripped over fifteen years ago”. ECRI urged the Slovenian authorities to restore the rights of the “erased” and called for the “resumption and finalization of the process of issuing supplementary decisions granting retroactive permanent residence rights, and the adoption of a legal framework enabling those ‘erased’ persons who have not yet secured permanent residence or Slovenian citizenship to have their rights reinstated in a manner that is as fair and generous as possible”. In May the European Court of Human Rights issued a partial decision on the admissibility of an application filed in 2006 by 11 “erased” people, claiming that the “erasure” resulted in violations of a number of rights enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. Having decided to examine the admissibility and merits of the case together, the European Court of Human Rights considered that, on the basis of the case file, it could not determine the admissibility of the complaint concerning the overall situation affecting the applicants and the failure to afford retrospective recognition of permanent residence (Article 8), the lack of an effective legal remedy in that respect (Article 13), the allegedly discriminatory treatment (Article 14) and the denial of pension benefits (Article 1 of Protocol No. 1). The European Court of Human Rights decided to give notice of Amnesty International these parts of the application to Slovenia to submit its written observations. Other parts of the application were declared inadmissible. Discrimination against Roma (update to AI Index: EUR 001/001/2007) The Slovenian authorities failed to fully integrate Romani children in the Slovenian educational system and tolerated in some cases the creation of special groups for Romani children, where often a reduced or simplified curriculum is taught. On 3 May AI wrote to the Slovenian Minister of Education and Sport, requesting information and clarifications on a recently conducted evaluation of the so-called “Bršljin model”, which is being implemented at the Bršljin School in Novo Mesto. This model provides for the creation of separate groups of children experiencing difficulties in certain subjects. Teachers in Bršljin admit that such groups are composed mostly, and in some cases only, of Romani pupils. This model had been criticized in Slovenia by education experts for being de facto a continuation of the old segregation approach. The Slovenian authorities had claimed, including in communication with AI, that evaluation of the “Bršljin model”, has shown that such model does not result in the segregation of Romani children and that it simply involves the temporary placement of pupils in groups for those children who do not perform sufficiently well in certain subjects. However, at the end of the period under review, AI had not received further details on the evaluation and its outcome. In its third report on Slovenia (see above), ECRI called on the Slovenian authorities to ensure that all measures provided for in the Strategy for the Education of Roma in the Republic of Slovenia are implemented in practice and that time frames, resources, responsibilities, outcomes and monitoring mechanisms are clearly set out in order to facilitate implementation; to ensure that no Roma child without learning disabilities is sent to a special needs school; to promptly address any instances of separate Roma classes in schools; to strengthen their AI Index: EUR 01/010/2007

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