D.H. & Ors v Czech Republic

The Grand Chamber of the European Court of Human Rights has given a landmark ruling on the meaning and effect of the protection against racial discrimination guaranteed by the European Convention on Human Rights. It has clarified the meaning of the concept of direct and indirect discrimination, making it clear that discrimination based wholly or mainly on someone’s ethnicity cannot be objectively justified. It has brought ECHR law into harmony with EC law on the burden and standard of proof, the relevance of statistics, the drawing of inferences, and the obligation upon the State to protect vulnerable groups, such as Roma parents and their children in being provided with education on the basis of the pupils’ aptitude, ability and needs, rather than on the basis of their ethnicity. The judgment has wider implications for UK legislation and judicial interpretation.