Skopje, 5 November 2024 (MIA) - The Commission for the Prevention and Protection from Discrimination (CPPD) voiced dissatisfaction Thursday with the draft amendments to the Law on Primary Education, underscoring that they won’t lead to the achievement of the goal of non-discrimination.

The Commission recalled that the initial aim of the amendments to the Law was the inclusion of provisions that would prevent and make the segregation of Roma children in education impossible, i.e., the implementation of the judgement of the European Court of Human Rights in the case “Elmazova and Others v. North Macedonia”.

The Commission assessed the segregation of Roma children in education as a “serious and complex issue” that represents a form of systemic racial and ethnic discrimination and requires systemic change.

“Consequently, we believe that the amendments to the Law on Primary Education are insufficient and won’t contribute to a significant rooting out and prevention of this issue. The Commission has implemented several activities and has forwarded opinions and requests to the Ministry of Education and Science in regard to the legislation, which haven’t been taken into consideration. The refusal to refer to the issue by its name – segregation – speaks symbolically of the lack of appropriate solutions for this issue. The Ministry once again foresees exceptions to the rule on enrolling children in the nearest school, thereby enabling the continuation and deepening of segregation,” the Commission said.

It also voiced concerns that the Ministry is using the legislation to introduce amendments that, according to the Commission, would cause harm to the inclusion of children with disabilities in education; to gender equality; and to the protection against violence and discrimination of young people with a different sexual orientation and gender identity.

“Contrary to the Convention on the Rights of the Child, the Ministry identified the parent as the party that should have the final say in terms of the best interests of the child. Consequently, the interest of the parent becomes the best interest of the child. According to the Convention, the parent participates in determining the best interests of the child, but the participation of experts in education, social and health protection is also necessary. Through this and other amendments, the Ministry is reversing the process of inclusion instead of adopting decisive provisions and implementing serious investments to create conditions for inclusive education,” the Commission stressed.

The Commission also underscored that the amendments erase the terms gender equality, sexual orientation, gender and gender identity as grounds for discrimination. This, it said, is contrary to the Law on the Prevention and Protection against Discrimination.  

“The Commission has acted in several cases of discrimination and peer violence against children with different protected characteristics in education such as children with disabilities, special education needs and LGBTI children. We believe that education is a key area in which inequality, violence and discrimination of various groups occur and is being normalized, which then leads to far-reaching consequences on the psychosocial development of children,” the Commission said.

The Commission urged the Ministry and Government to amend the legislation in line with its remarks and guidelines and to take into account that it is the Commission that possesses the necessary expertise, competency and capacities in the relevant area. “Consequently, in line with the law, our requests should be taken into account since all children have the right to be equal and safe at school,” it said.

Photo: MIA Archive