Editor’s note: This is an interesting judgement in a refugee case in Ireland. The judge decided that a Roma child should not be deported back to Serbia, because the denial of the right to education for Roma children amounts to persecution.
The right to education was widely regarded as fundamental in article 42 of the Constitution, article 2 of the first protocol of the European Convention on Human Rights and article 14 of the EU Charter of Fundamental Rights, as well as the UN Convention on the Rights of the Child. “If master D is denied the right to even a basic education he will effectively be excluded from any meaningful participation in Serbian society,” Mr Justice Hogan said. It was therefore more serious than the discrimination suffered in the two other cases referred to.
“While the present case certainly falls outside the classic types of persecution envisaged by the Geneva convention … it nonetheless seems impossible to avoid the conclusion that the denial of even basic education amounts to a severe violation of basic human rights [and] amounts to persecution within the meaning of S 2 of the Refugee Act 1996,” he said.