Since 2016, we have been pursuing strategic litigation against a primary school, a psychological counselling centre and the Ministry of Education. We argue that the children were placed in special education on the basis of an incorrect diagnosis. At the same time, we point to the broader problem of the misplacement of Roma children in special education within the Slovak education system.

On 23 April 2026, the Regional Court in Prešov reconsidered the case and returned it to the District Court for further proceedings. The District Court will have to supplement the evidence, in particular properly assess the expert evidence, and subsequently issue a new decision.

The Regional Court also stated that the District Court’s original findings were correct and supported by the evidence. It again pointed to the problematic nature of the original diagnosis. Subsequent psychological examinations and expert assessments did not confirm intellectual disability in the children.

At Poradňa, we provide the plaintiffs with legal support and representation through our lawyer as part of our strategic litigation work.

We also monitor the measures taken by the state to prevent the misdiagnosis of children and their placement in special education. In our view, the necessary changes are also being driven by litigation in this area, as well as by long-term pressure from international institutions. In this context, the European Commission has brought proceedings against Slovakia before the Court of Justice of the European Union.

The case of these three children therefore goes beyond their individual situation. It is part of a long-term effort to ensure that Roma children in Slovakia have equal and non-discriminatory access to education. We will continue to pursue this goal through strategic litigation.

The decision of the Regional Court in Prešov is available here.