Publication details
Diskriminace v oblasti vzdělávání optikou nálezu ÚS sp. zn. III. ÚS 1068/22
| Title in English | Discrimination in Education from the Perspective of the Constitutional Court's Ruling Ref. No. III. ÚS 1068/22 |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | right to education; discrimination; reasonable accommodation; inclusive education |
| Attached files | |
| Description | The article addresses how insufficient handling of the individual steps of the indirect discrimination test based on disability by the courts can lead to an infringement of the fundamental right to education. By comparing the differing arguments of the general courts and the Constitutional Court of the Czech Republic, the author found that the general courts, in the case under review, did not pay sufficient attention to whether the educational institution had taken reasonable accommodation measures to ensure that the disabled student could participate in education free of charge. The general courts thus unconvincingly applied the test of indirect discrimination to the case. Instead of assessing the scope of the teaching assistant's activities, the general courts in their conclusions leaned towards defining the activities of personal assistance and did not consider whether the activities paid for by the parents of the disabled student to the personal assistant included tasks that should have been covered by the teaching assistant free of charge. Such an assessment has a significant impact on ensuring access to free education for all. The obligation of the educational institution to adopt reasonable accommodation by providing the services of a teaching assistant cannot be excluded even due to its financial burden, which may be disproportionately demanding for the school. In such cases, financial resources from other sources can be used for the activities of the teaching assistant. However, the funding of such measures cannot be imposed on those for whom the measures are intended. |