EXTRA league papers | issue 3 | winter 2010 | What Schools Do We Want for our Children?

ISSUE 3
WINTER 2010
topic
extra
league papers
what schools do we want for our children?

2
introduction
Olga Kusá, educational specialist in the Inclusive
Education Support Centre in Brno
we should have
diversity in
schools… or did i
go mad?
I like my job. I really do. Thanks to my
job I got to know those schools where
diversity is accepted, respected and
even welcomed as good experience and
benefi cial for all. But just like all other
jobs it has its dark side that can get on
my nerves!
Have you ever wondered how some people
can be so thick-headed? Have you ever felt you
were the only one trying to make something
happen? Have you ever felt like exploding
because you were being told again and again
why some things cannot be done instead of
trying to fi nd solutions? What can surely make
me see red is the stiff ness of opinions of education
workers whose simplifying and black
and white judgements aff ect the education of
“diff erent” children. Psychologists and specialized
teachers are the ones who establish the
“diagnosis”, on which basis a child is recommended
for integration into a regular school or
sent to a special school. Educational counsellors
cooperate with teachers and advise them
how to work with children who have a learning
disability. These people can have an essential
impact on the future of children and their authority
can aff ect the minds of teachers. I have
recently had an opportunity to participate in
a discussion between educational counsellors
and teachers at a standard elementary school.
The subject of the discussion was the education
of so-called problematic pupils. I was happy
about the event, I was interested in the problems
teachers had and curious to know how
the educational counsellors would deal with
the multitude of questions and complaints.
But to my bitter disappointment, at the very
beginning the lead psychologist unblinkingly
said: “It is a shame that it is no longer allowed to
send border children to former special schools.
Such children will now come fl ooding into your
schools! I am really curious to see how you will
manage it.”
Imagine my despair, my job is to motivate teachers
not to give up on and get rid of less able
children, no matter how diffi cult the work with
them can be. “Border children” is a simplifi ed
term describing children whose results in IQ
tests border on mild intellectual disabled. These
children do not do well in school and there
are many reasons why it is so. However, I think
that these children do not belong to schools
for the intellectually disabled.
Nevertheless, the discussion goes on. And with
it come other shocking words spoken by an
educational counsellor: “It is time we really started
to fear children with behavioural disorders,
as their number rises. An unruly child cannot be
changed, nothing works for them.”
But the best of educational optimism is yet to
come: “There is nothing you can do with border
children; they will not start getting better. Let
them fail the end of year exams and they might
end up at a special school anyway.”
This experience was stuck in my head long afterwards
and I was thinking about the psychologist.
A change can be diffi cult and attitudes
are especially hard to change. Maybe she has
twenty or thirty years of experience, feels sure
about what she does and nothing can easily
surprise her. “It has been working fi ne until now,
so what do you want?!” “A change?” I ask. Or did
I really go mad?
Lucie Obrovská, lawyer of the Equal Opportunities
Department of the Offi ce of the Public Defender
of Rights
three year “anniversary”
of the
d. h. verdict: have
we moved on?
The Czech Republic has committed to
ensuring equal access to education. Since
last year this right has been grounded
not only in the Charter of fundamental
rights and basic freedoms, education
rules and international obligations but
also in the Anti-discrimination Act.
When non-governmental organizations recently
criticized the Minister of Education for his
indifference towards the issue of integration
and inclusion, they pointed out the possibility
of another action being brought against the
Czech Republic at the European Court of Human
Rights in Strasbourg. In 2007 in the case of D.
H. and others vs. the Czech Republic the same
court stated that we discriminate against Roma
children because we do not provide them with a
standard quality education, i.e. education given
to non-Roma children. Instead, a great number
of Roma children are placed in non-standard
schools. But according to the current legislation,
only disabled children should be provided with
such education. In Western countries it is quite
common that emphasis is put on coeducation
of all children, regardless of their disability. Inclusion
is good not only for the education of the
diff erent, disabled child but it also improves the
child’s relationship with majority children, who
thus learn tolerance.
Special changes at special schools or
Czech-style inclusion
Although special schools were to be removed
from the education system, anyone in this fi eld
will confirm that the change of the schools’
naming was merely symbolic. Special schools
were renamed practical elementary schools but
the change in the concept of education, which
would support the inclusive approach, did not
happen. It is appalling that three years later legal

epresentatives of Roma children can still claim
compensation for an unequal access to education.
Apart from this, they can also bring an action
to court on the basis of the Anti-discrimination
Act. For now, the use of the Act is rather scarce.
We have to realize that the inclusive approach to
education is not merely a moral challenge presented
by some experts, parents or non-profi t
organizations. The School Act itself supports an
interpretation, which says that in cases in which
it is benefi cial to the pupil to be included in the
mainstream education this has to be done.
One of the educational principles is an individual
approach to every pupil and their educational
needs. Apart from this, one of the education
regulations explicitly states that in case of
agreement with the child’s interests, the State is
obligated to provide the child with a standard
education. It is therefore necessary to incessantly
remind people that the inclusive approach is
not a surreal wish expressed by academics but
that it is a legally binding concept, supported by
the Strasbourg verdict and education rules.
A so-called reintegration should be a natural
part of the inclusive approach. The decision to
place a child in a special school upon the recommendation
of a psychologist should not be defi
nite, on the contrary, they should be continuously
watched and, if the situation changes, sent
back to a standard elementary school. In addition,the
teachers should be ready to provide the
disabled children with appropriate support.
Inclusion is for all, not only for Roma
Non-governmental organizations, many experts
and international institutions, including
the European Commission against Racism and
Intolerance are expressing alarm at the fact that
the implementation of changes towards Roma
education solutions has been stopped. The current
Minister of Education refuses to support the
changes that were prepared and partly implemented
by the previous governments. We have
to realize that the concept of inclusive education
is much broader. It concerns not only Roma children
but all disabled children as well. It includes
quality education for ethnic minority children
but it is also important to put maximum eff ort
into integration of all children into standard
schools and classes. The inclusive education system
has the potential to off er quality education
to any pupil but it also has a considerable socializing
function at schools and in classes attended
by mentally or physically disabled children and
able-bodied children together.
The Czech Republic is obligated to ensure the
highest possible quality of education to all children,
so it must be pointed out that the criticism
on the part of organizations for protection of the
human rights of disabled people is more than
relevant. It is not a mere moral challenge but a
serious legal obligation, which the State is obligated
to fulfi l as the Czech Republic has ratifi ed
the UN Convention on the Rights of Persons with
Disabilities. The discussion about insufficient
integration of disabled children, of children from
foreign families or otherwise disadvantaged
children is therefore as relevant as the discussion
about the education of Roma children.
Verdict, and what is to follow?
The fact that Roma children are discriminated
against by the Czech Republic has been pointed
out for a long time. That the education off ered
in the former special schools does not provide
adequate knowledge and skills needed to succeed
at labour market is beyond question. It is true
that the Roma are very often unrightfully placed
outside the mainstream. Non-standard education,
i.e. education not at a regular elementary
school, is intended for intellectually disabled
children only. People with mild intellectual disability
represent about 3 per cent of the population;
it is therefore exceedingly disproportionate that 30
per cent of Roma children are educated at former
special schools. This fact had been pointed out
by Czech non-governmental organizations long
before the afore-mentioned verdict was reached
but unfortunately it had no impact on the actions
taken by the Czech state authorities. This
made the Strasbourg verdict, which emphasizes
the human rights violation committed by the
Czech Republic, all the more important. The
court has repeatedly highlighted the segregation
of the Roma, as it stated that neither Croatia
nor Greece are able to provide equal educational
opportunities for young Roma.
The D. H. verdict puts emphasis on two essential
aspects of the problem: (a) the lack of informed
consent of the Roma parents to their child’s
placement outside the educational mainstream
and (b) doubts as to the adequacy of tests
used by pedagogical-psychological counselling
centres. The court states that these tests are culturally
prejudiced. This means that worse results
achieved by Roma children do not stem from
their own inability but from a diff erent cultural
and social background. The court also believes
that racial prejudices on the part of responsible
people play an equally important role in sorting
Roma children. This surely is a bold proclamation
but if it is not true, we have to ask ourselves,
what causes the disproportionate number of
Roma children at special schools.
Has there been any change at all since the
verdict was reached three years ago? The same
Roma children who were placed outside the
educational mainstream before the verdict, continue
to be educated at these non-standard or
“ghetto” schools. The work of pedagogical-psychological
counselling centres did not undergo
any considerable change either from the point
of view of legislation or concerning personnel.
This means that we still wrongfully send Roma
children to such schools and classes that neither
prepare them for everyday life nor provide them
with quality education.
What did the Czech School Inspectorate
fi nd out?
Exactly a year ago I carried out an analysis for
the Czech Helsinki Committee, in which I tried
topic
to assess the progress we made in following the
“Strasbourg dictate”. One year later I must say
that the situation has not improved although
some changes have occurred. For example, the
Czech School Inspectorate started to cooperate
with non-governmental organizations and
actively approached the burning questions
concerning the education of the Roma and I
was invited to participate in its investigations.
Observations made at special schools confi rm
what the non-governmental organizations have
long been pointing out: that the representatives
of special schools cannot be expected to show
self-criticism and eff orts to reduce the number
of children placed in special schools. It is an essential
matter of their existence.
But there were some aspects of the problem that
the Inspectorate could not observe. It is impossible
to exactly observe the parents’ consent to
their child’s placement outside the educational
mainstream although it is imposed by law. The
legislation requires that informed consent is
obtained but in practice, parents are rarely informed.
However, in the near future a ministry
guideline is to be issued, which would deal with
the question of informed consent. Presently,
it is the usual practice that the parent merely
signs school-prepared documents as a sign of
their consent. It is therefore difficult to assess
to what extent the parents are informed about
the consequences of their child’s placement in a
special school.
Nevertheless, the Inspectorate could and did
find out that the head teachers themselves
violate the rules. Apart from the informed consent,
another condition of a child’s placement
in a special school is a diagnosis of intellectual
disability. The diagnosis is established by a pedagogical-psychological
counselling centre or
by a specialized pedagogical centre. The Inspectorate
observed that in many cases the head teacher
decided on a child’s placement in a special
school without presenting such diagnosis. This is
a very serious failure because the head teacher is
the decision-making state authority and should
be held responsible for such a situation.
Equal access to education still beyond
horizon
Among children who are educated according
to lower standards, the Roma children are the
majority. The situation is the same concerning
the number of diagnoses made by pedagogical
counselling centres. Let us not pretend that the
results are accidental. In a democratic country
it is out of bounds to accept a thesis that claims
that the number of intellectually disabled individuals
is considerably higher in one ethnic group
than in another. The core of the problem is more
likely to be found in the selection of tests used
Continued on page 4.
3

4
you decide!
Jennifer Clark, author is a law student at Albany
Law School, New York
education as a fundamental
human
right vs. exclusion
of disabled children
Education is the vehicle for which children
learn and establish the skills necessary
to develop and grow. Education is
also the foundation from which social interactions
and self-empowerment stem.
And despite education being critical to
proper development, children with disabilities
continue to face discrimination in
the educational setting.
The United Nations Convention on the Rights
of Persons with Disabilities, which came into
force in 2008, was drafted as a supplement to
the Universal Declaration of Human Rights in an
eff ort to protect individuals with disabilities. To
date, there are 146 signatories to the Convention
and 90 ratifi cations. The Convention recognizes
that the term “disability” is evolving but notes
that it typically includes individuals with longterm
physical, mental, intellectual, or sensory
impairments.
There is estimated to be more than 650 million
Continued from page 3.
by the counselling centres, in the lack of quality
personnel in the centres but also in the lack of
motivation on the part of elementary schools
to educate the Roma. This year the Inspectorate
presented these observations to the Public Defender
of Rights to decide whether or not this
was a case of discrimination of the Roma. Three
years after the Strasbourg verdict the ombudsman
again confi rmed that unlawful activities
still go on in the Czech education system, that
we still discriminate against the young Roma.
Is there anything positive we can say by way of
in the world living with disabilities and many
encounter obstacles which prevent them from
receiving an education similar those who do not
have a disability. Research has showed that people
with disabilities are more likely to be poor
and as such, they lack access to educational
services. Statistics demonstrate that 19 per cent
of less educated people have disabilities and
11 per cent of better educated individuals have
disabilities.
In lieu of the Convention and ratifi cation by 90
state parties, many countries have also implemented
their own disability discrimination acts.
The need to enact legislation is clear: 90 percent
of children with disabilities in developing
countries do not attend school. In the United
Kingdom for example, the Disability Discrimination
Act prohibits discrimination in schools
and requires public entities to promote equal
opportunities for individuals with disabilities.
Some of the equal opportunities include access
to public transportation and facilities and other
educational services.
In Scotland, the Disability Discrimination Act
makes it unlawful for a school to discriminate
against disabled individuals. The Act applies
to all schools, not just state-funded schools.
The obligations imposed on schools, however,
do not apply to teaching aids and services.
Instead, the Act applies to policies and procedures
which may keep children with disabilities
separate from those who do not have them.
Compensation for claims of discrimination is not
permissible in Scotland.
conclusion? I hardly think so. Unlike last autumn,
nowadays the question of inclusion has no political
support. The Czech Republic still does not
fulfi l its legal obligations, and therefore it would
come as no surprise if there were more suits,
guilty verdicts and penalties. The only surprise
could be whether the action is brought by a
Roma pupil or by a physically disabled child. But
what worries me more is the fact that wrongfully
segregated children still cannot go back to
elementary schools. Another very distressing
fact is that the Roma children are still excessively
The United States has very detailed regulations
ensuring those with disabilities are treated fairly
and have equal educational opportunities. The
Individuals with Disabilities Education Act was
passed in 1975 and prior to its passage, at least
one million children with disabilities in the United
States were denied public education. The
Act specifi cally addressed the educational needs
of children with disabilities from birth to age 21.
The Act requires that education-related services
are designed to meet the unique learning needs
of eligible children and schools are also required
to create an individualized education program
for each student. The Act also requires adequate
services be provided, including transportation
to and from school, speech-language pathology,
psychological services, physical therapy, and
recreation.
Schools throughout the world are moving towards
more inclusive environments which support
children with disabilities. Many policies now
prohibit authorities from denying children with
disabilities admittance to school. Other regulations
prohibit school authorities from allowing
children with disabilities access to services and
benefi ts off ered to students without disabilities.
Despite the changes being made, many children
are still discriminated against once they arrive at
school. It is imperative that those with disabilities
have the same opportunities to excel as those
who do not have a disability, especially since
education is recognized as a fundamental right.
Education as a fundamental right vs. exclusion of
children with disabilities: You decide.
source: www.isifa.com
placed in former special schools, which further
widens the social gap existing in Czech society.
And it is clear that if we do not provide the Roma
children with a chance to get better education,
they will hardly learn self-reliance and independence
from state assistance. Moreover, the
current state of aff airs is exceedingly expensive
for the State and it unnecessarily heightens
social tension.
The author is a close collaborator of the League of
Human Rights

Michaela Tetřevová, lawyer of the League of Human
Rights
how does the system
of threatened
children care fail?
the story of a family and their three-year struggle
to get their children back in their care
The Czech Republic has long been criticized
by international organizations
for the high number of children living
in state institutions. More than 21,000
children spend their childhood in such
institutions. This number means that we
are one of the leading countries with regard
to the number of institutionalized
children.
What are the causes of this desperate
state? The State fails mainly in providing
preventive help to threatened families.
Instead of helping parents in crisis, the
State chooses to punish them by taking
their children away. Children are often
taken away from their parents with surprising
rapidity. Getting them back can
prove an extremely long and arduous
task.
Mr and Mrs Stejskal know all about this. Their
two little daughters have been living in a state
institution for two years now. The social services
workers took them away after one night when
the girls were left home alone. When they could
not fi nd their mother, they went out on a balcony
and called her. A municipal police patrol
who happened to pass by noticed the crying
children and notifi ed the child protection authority.
The negligent parents were punished
immediately. The next day the Stejskals were
visited by a social services worker who took
the children away. For a couple of months the
girls were living with their grandmother and
were seeing their parents regularly. Then, it got
diffi cult for the grandmother to take care of two
little children so they went to a state institution.
The institution where the girls are living now is
about 55 miles away from their parents’ home.
Of course, there are state institutions which
would be closer. But all of them were full at
the time the girls’ placement was decided. No
wonder, if we consider how many children live
in state institutions! The considerable distance
that separates the Stejskals from their daughters
disrupts the family relationships. Both parents
work full time in three-shift operation, so
they are unable to see their daughters regularly.
Children suff er in state institutions but
courts are at ease
The litigation concerning the institutionalization
of the girls has been going on for three
years and a decision is not going to be reached
soon. To make things worse, education at a state
institution begins to negatively aff ect the girls.
The seven-year old Michaela is very friendly to
everybody, and if somebody told her to come
home with them, she would not hesitate. In
contrast, younger Pavlína, who has been living
in the state institution since the age of two and
can remember nothing but the state institution,
is distrustful and resentful.
Several studies have already proved that children
who are brought up in state institutions
are more likely to have growth disorder, and
have behavioural disorders and low social and
intellectual skills. Only one in 171 children
growing up in a state institution gets a university
degree. Other research shows that 56 per
cent of children, who leave the state institution
after they turn 18, commit a criminal off ence.
But it seems that in case of the Stejskal family,
the court does not take into consideration the
negative aspects of state care. Instead of acting
quickly and in the best interest of the child,
it is not unusual that time periods separating
the court proceedings go up to two months. It
looks like time goes slowly in a court building,
whereas with small children, just like Michaela
and Pavlína, time fl ies fast.
The Stejskals have been litigating a claim to get
their children back for 1,088 days now. It is their
bad luck that the court proceedings have been
brought in the Northern Bohemia Region. These
courts are well-known for their slow proceedings
concerning the care of minors. In 18 per
cent of cases the proceedings last for 6 months
to 1 year. In 20 per cent of cases the proceedings
go on for 1 to 3 years, which is the highest number
in the Czech Republic.
But the situation in other regions is no better.
Long court proceedings represent a problem
within the whole system. The Civil Procedure
Code, which deals with proceedings concerning
care of minors, unfortunately does not defi ne
any period within which the courts should reach
a decision. There only exist a 24-hour period
for issuing a preliminary measure that places
children in state institutions. But the preliminary
measure is to be used in an emergency, in
cases where the children are ill-treated, sexually
abused or left with no one to look after them,
and therefore it is necessary to act quickly. Unfortunately,
in practice, the preliminary measure
is often misused in cases of long-term family
troubles.
case
Social services workers inspect and threaten
but do not help
This was the case of the Stejskals as well. The
department of social services opened a fi le on
Michaela and Pavlína in 2004. This was when
problems fi rst occurred in the family. Mr Stejskal
liked to have a drink in a pub and his wife used
to go and pay his bills, when he drank more that
he could pay for. When Mrs Stejskal used to go
and pay her husband’s bill, the kids were left
home alone. But Mrs Stejskal too liked to drink
a little sometimes. One time, after she had been
celebrating with a friend, she went to see her
friend off and she shut herself out of doors. The
eighteen-month-old Michaela was left home
alone and fi re fi ghters had to help Mrs Stejskal
open the apartment door again.
So the Stejskals were visited by a social services
worker several times. However, her visit always
included a mere formal inspection. In fifteen
minutes she ran through the apartment, checked
whether the fridge contained enough food,
whether the clothes were nicely tidied in closets,
whether the fl oor was well swept and whether
the children were appropriately dressed.
Then she simply informed the parents that they
should improve the education of their children
and threatened to take the kids away. That was
the end of any further communication with the
family. The Stejskals never learned what they
should improve in particular, and when.
On the contrary, in the Netherlands and the United
Kingdom it is common that if a family gets
into trouble, a social services worker will call a
family conference, at which the wider family
gathers. Together they try to come up with an
individual plan, which would comprise particular
measures and tasks and a time schedule
to go according to. The duties resulting from
the individual plan, which has been drawn up
by the whole family, are easily understandable
for everybody and are not seen as an inimical
intervention in family life. This contributes to a
higher motivation of the family for keeping to
the proposed plan. Moreover, the family eff ort
is supported by a continuous evaluation, when
the family and the worker discuss the measures
that were successfully adopted and those that
need to be yet taken.
Continued on page 7.
5

6
interview
questions for…
…Josef Dobeš, the Minister of Education
How do you think an ideal school for your children
should look like?
Above all, it would be a friendly environment
created by teachers, parents and children. It
would be a school where children could be freely
educated without being manipulated. And
at the same time it would be a safe place where
children could explore all their possibilities.
Candidates for the “Fair School” Award
are better and better
In the past month LIGA teachers visited new
schools, which aim to be awarded the Fair School
Certifi cate. They travelled the whole country
and returned home satisfi ed. “I was pleasantly
surprised by the high level of application of inclusive
principles at schools. Most schools try to
put into practice the philosophy and principles of
equal access to education,” says Monika Tannenbergerová.
At present, fi fteen schools from all
over the Czech Republic have applied for the
Certifi cate and applications still keep coming.
Our pedagogical-legal team explains to the
schools what they can expect and clarifi es any
possible ambiguities. Throughout the year we
counsel the schools engaged in the project and
we watch how the inclusion goes at the schools.
Whether the Certificate is awarded or not is
decided by an independent board of experts.
LIGA awards the Fair School Certifi cate to those
schools that promote a fair approach to all pupils
regardless of their handicap, special skills or
skin colour. Since 2009 ten schools were awarded
the Certifi cate and other schools joined the
project this year.
What do you think about inclusive education as a
system? What, in your opinion, is the signifi cance
of the process of inclusion for society?
Inclusion or integration of handicapped children
is a completely proper process, it is necessary
that this process take place in an entirely
transparent way and that inclusion become an
open dialogue between experts, representatives
of regions and schools, and parents.
Do you think that Czech special and practical
elementary schools are really attended only by
children who belong there?
It would be naive to think that it is so. I will only
confi rm the numbers, which I do not consider to
be exaggerated, that 26 per cent of the children,
who attend these schools, do not have any intellectual
disability. It is a wrong approach. On
the other hand, I fully support special schools,
because they work in fairly diffi cult conditions
and without appropriate acknowledgement
and support.
What is your opinion of the D. H. verdict, and
what solution would you propose, as a solution
is inevitable according to the Strasbourg recommendation?
The substance of the D. H. verdict is that children
without intellectual disability should not
be placed outside mainstream education. This is
a matter to be considered and solved by Regulations
No. 72 and 73, which need to be amended.
We can achieve this by the end of January 2011.
We achieved a signifi cant decision: Parents
do not have to pay fines for not
having their child vaccinated
Parents who decide not to have their children
vaccinated or to postpone the vaccination, can
no longer be fi ned. This was the decision of the
Supreme Administrative Court, which accepted
the arguments of LIGA that the Regulation on
vaccination against infectious diseases is in
contradiction with constitutional law. This puts
an end to an often insensitive practice of health
offi cials who imposed fi nes of up to 20,000 CZK
on parents who refused to get their children
vaccinated or to postpone the vaccination, even
in cases the parents’ decision was based on the
child’s bad reaction to a previous vaccination.
“If the State wishes to enforce this duty, this would
have to be regulated by law,” says Josef Vlašín, a
judge at the Supreme Administrative Court.
The ground-breaking verdict has been reached
in the case of the Čechs who refused vaccination
and were ordered by the Offi ce of Public Health
to pay a fi ne of 8,000 CZK. Mr and Mrs Čech
decided to defend themselves in court with the
help of LIGA lawyers. After two years, success
finally came and it can positively influence
other similar litigations. The rights of patients to
decide whether to get vaccinations or not has
What will the progress of the National Action
Plan on Inclusive Education be now that some of
the experts, who collaborated on its drafting and
realization, have left?
It has to be said that the so-called NAPIV (National
Action Plan on Inclusive Education) was
prepared only in March 2010. It took a very long
time before the plan was created, the people
engaged in the plan met once (June 2010) and
then somebody leaves. In my opinion, this is
a short-term matter and I rather appreciate
long-term projects. I will call NAPIV at the end of
November 2010 and will gladly invite anybody
who wants to continue with the project. I wish
it were mostly perseverant and determined
people.
Do you think that education towards tolerance
and removal of xenophobia and racism is suffi cient
at schools?
Generally speaking, it is necessary to put more
eff ort in this matter, and not only at schools but
also in families, sports fi elds (see sports stadiums).
We can undoubtedly observe a certain
progress and openness regarding this issue.
Progress is achieved with regard to the attitude
of the repressive organs, where a significant
shift has been noted, because this environment
is far less tolerant. But it is necessary not to stop
focusing on this issue because it still represents
a great danger for society.
in short
been a long-term issue for LIGA. “We think that
the current legislation does not respect human
rights. This repressive system is uncommon in all
Western countries,” says Zuzana Candigliota, a
LIGA lawyer.
Human Rights Clinic working again
With the beginning of the new academic
year LIGA introduced another course entitled
Human Rights Clinic offered in cooperation
with the Faculty of Law of Palacký University
in Olomouc, with which LIGA cooperates on a
long-term basis. David Zahumenský, the LIGA
Chair, advised the students how to conduct an
interview with a client. He also gave them some
essential facts about health law. Within a threehour
session the students had the opportunity
to apply the acquired knowledge and skills in
practice.
The goal of the clinic is to use interactive methods
to introduce students to the issue of
human rights and their legal protection. At the
same time the course aims to give the students
practical legal skills and inspire them with a
sense of professional responsibility towards
disadvantaged social groups and public interest
protection.

Are you a teacher, head teacher, education
expert, parent of a handicapped child
or just someone who cares? Our test will
show you what legislative obstacles are
in the way of education of disadvantaged
pupils.
questions
1. Can a school refuse a pupil because they do
not belong to the school neighbourhood?
2. Can a Roma child be placed in a special or
practical school only on the basis of their
problematic behaviour?
3. Can a school get a fi nancial contribution for a
socially disadvantaged pupil?
4. Does the education legislation prefer group
integration to individual integration?
5. Does a pupil with a mild intellectual disability
have to attend a special school?
6. Can a child be repeatedly kept in the same
grade at elementary school?
7. Does the legislation include the concept of a
“Roma assistant”?
Continued from page 5.
Solutions exist but only theoretically
The concept of family conferences is far from
being introduced here. A similar concept is suggested
in the National Action Plan to transform
and unite the system of care of threatened children
but its realization is extremely uncertain.
Although things seem to be changing at the
Ministry, all plans exist only on paper and it may
take years before they are put into practice. So
for the time being, we stick to the usual practice,
where the child protection authority keeps
waiting until the situation in the family is bad
enough for the children to be taken away upon
correct answers
1. NO. Only in case the school is at full capacity.
The head teacher is obligated to primarily
accept those pupils who live in the school
neighbourhood. But if the school capacity is
not filled with neighbourhood pupils, the
head teacher cannot refuse a pupil from a
diff erent neighbourhood.
2. NO. A child can be placed in a special school
only on the basis of a psychological expert
opinion issued by a counselling centre,
which reveals that the child has special
educational needs. Another necessary
condition is the informed consent of the
child’s parent.
3. NO. According to Regulation No. 492/2005 Coll.,
test
does Czech legislation keep
disadvantaged children in mind?
a court decision. In the defence of social services
workers we have to admit that there is a lack
of personnel. A Ministry report says that 560
social workers are missing in the system. In the
present situation, where one social worker has
to deal with 354 cases of threatened children a
year, it is impossible to think that the work with
families will be perfect.
But these facts cannot be used as an excuse. By
the ratifi cation of the Convention on the Rights
of the Child, the State has committed to promote
the best interests of the child and has to
do its utmost to do so. But for now the system
is rather leaky.
on Regional Norms a financial contribution
can only be given to disabled pupils.
4. NO. Individual integration is preferred.
5. NO. It is preferred that the child be placed in
a standard elementary school with an individualized
education program, so they can
attend a standard class.
6. NO. A pupil can fail a class only twice during
their studies at an elementary school.
7. NO. A Roma assistant is a popular name used
by general public. But the Education Act only
knows the concept of “pedagogical
assistant” who can be assigned by the head
teacher to a class attended by a pupil with
special educational needs.
A more responsible approach to care for threatened
children would surely be welcomed by
the Stejskal children, who have been waiting in
a state institution for two years for the court to
reach a fi nal decision.
7

8
we published
A documentary entitled “Fair Schools”
See for yourselves that coeducation of all
children works.
In cooperation with professionals we have made
a documentary about inclusive education, that
is about the education of physically or socially
disadvantaged or otherwise diff erent children
in standard schools and classes. Although inclusion
is a common and successful education
system adopted abroad, in the Czech Republic
it is still met with prejudices. That is why we
have decided to publicly present three Czech
schools that started applying the inclusion principles
and successfully integrated pupils with
physical or mild intellectual disabilities, autistic
children, Roma children but also exceptionally
gifted children who need special pedagogical
assistance as well.
The fi lm will present three children and their
parents, teachers and classmates. We will show
liga’s people
LIGA’S PEOPLE LIGA’s People Club
LIGA’S PEOPLE is a
group of our regular
contributors who
help us protect human
rights and improve
the quality of
life of all people in the
Czech Republic.
JOIN US AND YOU CAN GET
• regular information about our activities
• EXTRA League Papers twice a year
• invitations to social events and public discussions
• annual report
• new publications and other little gifts for free
If you would like to support us, please contact
Petr Jeřábek on 776 234 446 or send an email to
lidiligy@llp.cz.
www.lidiligy.cz
EXTRA League
Papers are fi nancially
supported by the
American Embassy in
Prague.
you how they live, how they study and how they
do at schools awarded LIGA‘s Fair School Certifi -
cate for their approach. The fi lm is intended not
only for head teachers and teachers but also for
the general public.
The grand premiere will take place on 3rd December
2010 on the occasion of the International
Day of Persons with Disabilities.
How to become a fair school II
Inclusive education in practice
The “How to become a fair school” manual
has another volume. It is primarily intended
for head teachers and teachers at elementary
schools. You can fi nd there inspiring texts on
inclusive education written by fair schools head
teachers themselves. It also contains many interesting
tips on classes and lessons. To help you
orientate yourselves in this issue we have provided
explanation of the most important terms
and answers to frequently asked questions of
teachers and pupils. Apart from this, you can
learn about new features prepared by the Ministry
of Education, Youth and Sports in the fi eld
of legislation concerning children with special
educational needs.
CHEERING FOR JUSTICE!
The rights of children are one of our major
priorities here at the League of Human Rights.
We think that if we do not help children get
quality education and grow up in a family environment,
we will probably sentence them
to a life on the edge of the society. Thanks to
your support we can better enforce the rights
of children in practice.
David Zahumenský, Chair
WE WOULD LIKE TO THANK
ALL DONOURS FOR THEIR HELP.
IT PAYS OFF NOT TO BE INDIFFERENT.
The League of Human Rights is
supported by:
The “How to become a fair school II” manual is
available at www.llp.cz for free download.
How to fairly compensate patients?
Video for experts and others
To familiarize the general public with the issue
of compensation for accidental damage in health
care we have made a short documentary entitled
“How to fairly compensate patients?” We
have used the example of an action brought by
the bereaved family of the late Mrs Pechoušová
to show you how diffi cult it is to orientate oneself
in the Czech legislation concerning similar
cases.
Marie Cilínková, an attorney, will talk about her
forty years of experience with the defence of patients’
rights. Gerald Bachinger, the head of the
Patientenanwalt in Lower Austria, will explain
how the Austrian system of compensations
works. And LIGA will present their suggestions
and recommendations on how to systematically
solve the issue of patients’ compensation.
You can watch the video at the LIGA’s YouTube
channel.
Imprint
EXTRA LEAGUE PAPERS
Issue 3, December 2010
Issued by: The League of Human Rights,
Burešova 6, 602 00 Brno,
Registration No.: 26600315.
Register of Ministry of Culture,
Czech Republic: E 19103.
Issued twice a year in Brno.
Editor: Magda Kucharičová
Graphics and typography:
Nikola Spratek Poláčková
www.nikolapolackova.com
Title page picture: Aleš Čuma
Contact: The League of Human Rights, Burešova
6, 602 00 Brno, tel.: +420 545 210 446,
fax: +420 545 240 012, email: brno@llp.cz,
www.llp.cz,
www.ferovanemocnice.cz,
www.ferovaskola.cz,
www.lidiligy.cz,
www.reformaopatrovnictvi.cz.