We have filed an appeal on points of law with the Supreme Court of the Slovak Republic against the judgment of the Regional Court in Prešov, which dismissed an anti-discrimination lawsuit concerning the unequal treatment of a Romani child in access to education during the COVID-19 pandemic.

We are convinced that the Regional Court incorrectly assessed the case from a legal perspective. In particular, it based its decision on the conclusion that the introduction of distance learning pursued the legitimate aim of protecting life and public health during the pandemic. In our view, however, the court failed to examine another crucial question—whether the measure adopted was proportionate and necessary, and whether there were less restrictive alternatives that could have simultaneously protected children’s right to equal access to education.

In anti-discrimination proceedings, it is not sufficient to demonstrate only that a legitimate aim existed. The defendant must also prove that the measure in question was appropriate, necessary, and proportionate. In our opinion, the Regional Court failed to carry out this proportionality assessment, even though it is a fundamental requirement when assessing whether discriminatory treatment has occurred.

Through this appeal on points of law, we are therefore seeking a review of the Regional Court’s judgment by the Supreme Court of the Slovak Republic. We hope that the Court will carefully consider our legal arguments and that its decision will contribute to strengthening the protection of every child’s right to equal access to education, including during extraordinary or emergency situations.

The right to education is a fundamental human right. Every child must be guaranteed equal access to quality education, regardless of their ethnic origin, social background, or the conditions in which they live.