We were in a state of confusion when posting that James A. Goldston,  the founding executive director of the Open Society Justice Initiative, an operational program of the Open Society Institute that promotes rights-based law reform and the development of legal capacity worldwide, was the same as Judge Goldstone of South Africa.

The event last night dealt with racial profiling in Spain. It was an important case that involves a black American artist originally from San Francisco, Rosalind Williams, that moved to Spain in 1968, is Spanish citizen, and was singled out in 1995 to identify because of her color. It took 15 years to win this case and the resulting verdict is yet to be made public.

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 http://www.soros.org/initiatives/justice…

Europe’s Highest Court Rules Roma School Segregation by Language Illegal.
Press Release
Date:
March 16, 2010
Contacts:
Luis Montero
 Luis.Montero at osf-eu.org
+44-20-70311704 (w) / +44-7798737516 (m)
Cat Twigg
 catherine.twigg at errc.org
+36-1-4132200 (w) / +36-30-5001289 (m)
Budapest/New York/Strasbourg/Zagreb—The Grand Chamber of the European Court of Human Rights held today in the case Oršuš and Others v. Croatia that the segregation of Romani children into separate classes based on language is unlawful discrimination, violating the European Convention on Human Rights.

The Oršuš case involved 14 children attending mainstream primary schools in three different Croatian villages who were placed in segregated Roma-only classes due to alleged language difficulties. The applicants argued that actually, placement in these Roma-only classes stemmed from blatant discrimination based on ethnicity. The schools’ policies were reinforced by the local majority population’s anti-Romani sentiments.

Represented by the European Roma Rights Centre (ERRC), the Croatian Helsinki Committee, and local attorney Lovorka Kusan, the case went to the European Court in 2004. After a negative judgment in 2008, it reached the Grand Chamber upon appeal.

“The Grand Chamber’s decision is of great importance to the applicants and other Romani children in Croatia, as it acknowledges that they have suffered unlawful discrimination,” said Ms Kusan. “It is now up to the government to ensure that these illegal practices stop and that remedies are offered to affected Romani children.”

The Court awarded the applicants 4,500 Euros each in non-pecuniary damages, plus a total of 10,000 Euros for costs and expenses.

“Today’s judgment rounds out the European Court’s jurisprudence concerning the most common grounds of segregation experienced by Romani children in education across Europe,” said ERRC managing director Robert Kushen. “National governments must now take decisive action to end segregated education in all its forms and truly integrate their school systems.”

The Grand Chamber decision builds on the Court’s groundbreaking judgments in D.H. and Others v. the Czech Republic and Sampanis v. Greece, which rejected the segregation of Romani students into special schools for children with mental disabilities or within mainstream schools on the basis of ethnicity.

“Oršuš makes clear that language deficiency cannot serve as a pretext for racial segregation,” said ERRC board member and Open Society Justice Initiative executive director James A. Goldston, who helped argue the case. “Segregation remains all too common in Europe, and it is time to end this deeply degrading practice.”

The positive judgment by the Grand Chamber marks great progress for the advancement of Roma rights in general, as well as the right to quality education on equal terms for Roma and other marginalized groups.

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Challenging Ethnic Profiling in Europe
Location:    OSI-New York
Event Date:     March 17, 2010
Event Time:    6:30 – 8:00 p.m.
Speakers:    Rachel Neild, James Goldston, Rosalind Williams

On a brisk winter day in 1992, Rosalind Williams—an African-American woman and naturalized Spanish citizen—stepped off the train at a railway station in Valladolid and was immediately asked to produce her identity document. It was December 6, a national holiday celebrating Spain’s new constitution—one of the most modern in Europe. Yet when asked why Williams was the only person on the platform to be stopped, the police officer explained that he was following orders: it was because of the color of her skin.

Williams produced her identity document, and took the number of his badge. Eighteen years later, after winning a landmark ruling from the UN Human Rights Committee on her case, Williams is still waiting for the Spanish government to issue a public apology and end ethnic profiling by police.

Today, racial and ethnic profiling remains a pervasive—and ineffective—practice across Europe. With security concerns heightened, the debate on profiling has only intensified.

At this Open Society Institute forum, Rosalind Williams will discuss her personal experience challenging racial profiling in Europe, and what impact she hopes the Human Rights Committee’s landmark judgment will have in her adopted homeland. Rachel Neild of the Open Society Justice Initiative will talk more broadly about the prevalence of ethnic profiling throughout the European Union, and its ineffectiveness. Neild will discuss the steps being taken to document and eradicate ethnic profiling, including innovative projects being carried out in cooperation with Spanish police. Jim Goldston, executive director of the Open Society Justice Initiative—which helped bring Williams’ case to the UN Human Rights Committee—will moderate.

Speakers
Rosalind Williams is an African American artist and curator who became a naturalized citizen of Spain in 1968. After experiencing racial profiling by Spanish police in 1992, Williams took her case to court, culminating in a landmark decision by the UN Human Rights Committee in 2009.
Rachel Neild is senior advisor on ethnic profiling and police reform with the Equality and Citizenship Program of the Open Society Justice Initiative.
James A. Goldston is the founding executive director of the Open Society Justice Initiative, an operational program of the Open Society Institute that promotes rights-based law reform and the development of legal capacity worldwide.