Discriminatory digital policies that marginalise Roma communities

By Thomas Vink, 6th December 2021

The Center for Civil and Human Rights are taking litigation to challenge the disparate impact felt by some groups in Slovakia, in particular the Romani minority, due to unequal access to digital technologies. The Center will initiate court proceedings to draw attention to discrimination in this area.

Existing inequalities in this area have been increasingly discussed in Slovak society, particularly due to the COVID-19 pandemic. For instance, during the pandemic it was found that Roma children were disadvantaged by a move to online distance learning, while Roma communities and the elderly were disadvantaged by the lack of non-digital alternatives to register for the COVID-19 vaccination.

Discriminatory digital policies that marginalise Roma communities

Organisation Name

Poradňa pre občianske a ľudské práva – Center for Civil and Human Rights

Country/Jurisdiction

Slovakia

Amount Granted

EUR 12,011

Current Status

Case won, though the defendant is appealing

Grant type

Litigation Track Support

Description

The Center for Civil and Human Rights are taking litigation to challenge the disparate impact felt by some groups in Slovakia, in particular the Romani minority, due to unequal access to digital technologies. The Center initiated court proceedings to draw attention to discrimination in this area.

Existing inequalities in this area have been increasingly discussed in Slovak society, particularly due to the COVID-19 pandemic. For instance, during the pandemic it was found that Roma children were disadvantaged by a move to online distance learning, while Roma communities and the elderly were disadvantaged by the lack of non-digital alternatives to register for the COVID-19 vaccination.

In November 2022, a Romani girl from a marginalised community in Jarovnice brought a lawsuit against the Slovak Republic, supported by the Center for Civil and Human Rights.

On 6 November 2023, a District Court ruled in her favour, stating that the government had discriminated against the plaintiff in access to education on the grounds of her social origin, property, and Romani ethnic origin and had also violated her right to access to information.

The Court also ordered the government to pay compensation to the girl in the amount of €3,000. This decision was annulled by the Court of Appeal, which remitted the case back to the Court of First Instance for further proceedings.

The court of first instance, bound by the legal opinion of the Court of Appeal, on hearing held on 20 January 2025, dismissed the action this time. It found that the defendant State had not treated the applicant in a discriminatory manner. According to the Court, at a time of an emergency such as the COVID 19 pandemic, the State sought to ensure the educational process for all children in the most reasonable way.

The Center for Civil and Human Rights state “We will appeal against the district court’s ruling…. We hope that the higher courts will accept our legal arguments and uphold the lawsuit.”

"during the pandemic it was found that Roma children were disadvantaged by a move to online distance learning, while Roma communities and the elderly were disadvantaged by the lack of non-digital alternatives"

Strategic Goal

    • Highlight discrimination against Romani communities caused unequal access to digital technologies.
    • Raise awareness of the importance of universal access to the Internet and digital technologies in the national media and broader public.
    • Set an important precedent for digital rights in Slovakia.

Organisation Name

Women’s Link Worldwide

Image credit: Mat Napo on Unsplash