CEU Electronic Theses and Dissertations, 2008
| Author | Jeney, Orsolya Tunde |
|---|---|
| Title | THE POTENTIAL OF STRATEGIC LITIGATION IN DESEGREGATING THE HUNGARIAN EDUCATIONAL SYSTEM |
| Summary | Executive Summary The Roma issue constitutes the major human rights issue in Hungary in terms of human rights violation. Romani people face discrimination most of the time in most fields of society; it starts at their birth in hospital (Romani women hence children are often denied equal medical treatment) escalates throughout their (short) education (due to the consequences of segregation) that culminates in their unemployment, which eventually leads to their rejection and general exclusion of society. These discriminative practices are mostly driven by misconceptions, prejudices and racist attitudes towards the Roma. Eliminating the denial of equal opportunities in education can contribute a lot to ease this problem. Strategic litigation is a powerful method that seeks to extend to usage of law by bringing test cases to courts and hence use legal tools to achieve social change. Since Roma, due to their marginalized status they lack representation from all sphere of public life; they are not represented in neither in the legislative nor in the executive branch. This is why using and challenging law can be their only hope to improve their situation, because through strategic litigation laws themselves are challenged or tested and the judiciary through its own means has to find justice. Impact litigation can be a very powerful tool to achieve related social changes especially if there is a (1) clear litigation goal, (2) adequate laws exist, (3) the court decision can have a general impact and if (4) the issue involved concerns general public. All the above is either given or can be achieved in the near future in Hungary, therefore being aware of the different aspects of strategic litigation and using it in an effective way it has great potential within the Hungarian context to fight from also a legal perspective the segregate educational system of Hungary. |
| Supervisor | Farkas Dr., Lilla |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2008/jeney_orsolya.pdf |
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