The Constitutional Court made this decision after considering a complaint lodged by 14 Roma children who had to be in a separate class in 2001 when they started their primary education.
Believing that the only reason for their being in separate classes was their ethnic origin, the children sued four local schools, Medjimurje County, the Education Ministry and the state. They asked lower-instance courts to order the cancellation of separate Roma classes and that they be allowed into mixed classes. The municipal and county courts in the northern town of Cakovec dismissed the lawsuits, after which the children lodged a constitutional complaint.
The Constitutional Court unanimously turned down the complaint, explaining that the formation of a separate first grade class for children who do not speak Croatian is a positive measure.
The Court, however, warns that it would be unacceptable to keep children in a separate class in the continuation of their education after they learn the Croatian language.
In the 2000/2001 shool year, there were 865 Roma pupils accounting for 18.9 percent of all the pupils in Medjimurje primary schools. Of those 865 pupils, 60 percent were educated in 24 separate classes and others were in mixed classes.