Latest developments in 2019

• Author: Kádár, András
• Pages: 125-129

125

12LATEST DEVELOPMENTS IN 2019

12.1Legislative amendments

No significant legislative amendments took place in 2019 in the area of non-discrimination

law.

12.2Case law

Name of the court: Debrecen Appeals Court

Date of decision: 16 September 2019

Name of the parties: 62 complainants v. the Municipality of Gyöngyöspata, the Nekcsei

Demeter Primary School and the Hatvan School District

Reference number: Pf.I.20.123/2019/16

Address of the webpage: not available

Brief summary:In March 2015, the Curia (Hungary’s Supreme Court) concluded in an

actio popularis lawsuit launched in 2011 by the Chance for Children Foundation (CFCF) that

the Roma pupils in the Nekcsei Demeter primary school inGyöngyöspata (northern

Hungary) had been segregated. In each grade there were two classes: one with practically

only Roma pupils and one where there were hardly any Roma children. The Roma and the

non-Roma classes were separated physically too, and the Roma children were provided

with lower quality education than their non-Roma peers. Based on the Curia’s final and

binding decision, in February 2016, with the help of CFCF and pro bono lawyers, 63 former

Roma pupils of the Nekcsei Demeter school launched a lawsuit for damages against the

school, the Municipal Council of Gyöngyöspata and the school district for the long-term

disadvantages they had suffered as a result of their substandard education (e.g. the loss

of the real possibility to succeed in the labour market).

On 16 October 2018, the Eger Regional Court delivered a first instance judgment in the

case (under the number 12.P.20.489/2015/402). The court concluded that the respondents

had violated the claimants’ right to equal treatment by segregating them and providing

them with education of lower quality than that of their non-Roma peers. The court

adjudicated the claims of 62 claimants. It rejected the claim of two claimants, fully granted

the requested compensation in 12 cases, and granted part of the requested compensation

in 48 cases. All parties appealed against the judgment.

In its Decision No. Pf.I.20.123/2019/16, delivered on 16 September 2019, the Debrecen

Appeals Court modified the first instance court decision (it increased the amount of

damages for some claimants and decreased it for others; in the case of some claimants, it

also modified the time periods with regard to which their segregationwas concluded).

However, in essence it upheld the decision that non-pecuniary damages are to be paid to

victims of segregation and discrimination in education.

The court concluded that it is common knowledge that segregation causes a feeling of

humiliation and inferiority and hinders the affected children in overcoming their

sociocultural disadvantages. In addition, substandard education not only humiliates those

subjected to it, but also puts them at a disadvantage in all areas of life, including studies

and employment. Since this is common knowledge, no individualised proof is needed

concerning the moral damages each individual complainant suffered as a result of their

segregation and the substandard education they received. If these facts (that they were

segregated and provided with inferior education) are proven, damages based on the

general jurisprudence concerning non-pecuniary remedies can be granted without

examining the case of each and every complainant. For the same reason, the fact that

some complainants managed to succeed in their studies and work (often with extraordinary

efforts) cannot be regarded as evidence against the claims of those who did not.