Incremento de conocimientos

5.4.1.

The issue of segregation

Today, most Member States see segregation in the sphere of education as a problem rather than as a possible way to countering the vulnerable position of migrant and minority groups. In particular, the shifting off of children with migrant and minority background to special schools is no longer perceived as an acceptable practice. Nevertheless, school segregation is still a prevailing phenomenon in large parts of the European Union.

The complexity of the issue of segregation in education is displayed through the fact that one has to distinguish between, on the hand, total and permanent separation between population groups through, for example, faith schools or ethnic minority schools and, on the other hand, an interim separation of pupils through, for example, preparation or transition classes. In addition, separation between social and ethnic groups may not be based on explicit policies, but emerges as the result of barriers in the education system – not leading to a total, but a partial segregation. The latter is the case in highly differentiated schools systems that do not offer all social and ethnic groups the same educational opportunities.

Adding to the overall complexity of the issue, there are some observations calling into question the effectiveness of anti-segregation measures. For example, according to the authors of a study published by the Dutch Social and Cultural Planning Office (SCP), student populations in schools simply reflect the housing segregation in the surrounding districts. The researchers believe, it is more effective to keep investing in “Black” schools with funds to combat learning disadvantages of ethnic minority students than implementing anti-segregation measures. In the UK, the Chair of the Commission for Racial Equality (CRE) initiated a debate about the desirability of teaching Black boys separately – an approach he favoured –, referring to recent data on the persistent underachievement of Black male in the British education system.

Some Member States found themselves in a conflicting situation when they attempted to take measures against segregation. For example, in the Nether lands, city councils and school boards have been attempting to create a more even distribution of educationally disadvantaged ethnic minority students. However, this policy has been assessed by the Equal Treatment Commission as violation of equal treatment legislation.

5.4.2.

The issue of religious symbols

While in some Member States the presence of religious symbols in school is a heavily debated issue, in others the choice of clothes or clothes accessories – including religious symbols – is left to the decision of each pupil or his/her parents. Among those Member States that issued rulings with regard to displaying religious symbols in the education sphere, there are a broad range of different approaches. In

Belgium in practice it belongs to the individual right of every school to ban certain religious symbols. In the last five years the number of French Community schools that banned head covers increased from 41 per cent to 71 per cent.225 _{In Ger many}

it is the right of every state (Land) to pass a law prohibiting the display of religious symbols by teachers or other state officials in public service. In Fr ance, the law on the application of the principle of secularity in public schools forbids the wearing of signs or clothes by which students ostentatiously manifest a religious belief. In June 2005, there was the first evaluation of the application of the law..226 _According

to this report, the majority of pupils agreed to withdraw their religious signs. The positive assessment of the law by the Ministry of National Education is disputed by several associations pointing to “quiet exclusions” (i.e. abandoning of schooling, schooling in private schools or in schools abroad). In the Nether lands, schools are allowed to prohibit religious symbols if they can provide objective justification as to why these pose problems. As a rule, veils which cover the face are prohibited in schools, whereas schools can only prohibit headscarves when they contradict the religious principles of the school, when these are actively promoted. A specific case of an equal treatment ruling concerned an Islamic school that turned down a Muslim female applicant for an Arabic language position, after she made clear that she did not want to wear a headscarf whilst teaching. The Equal Treatment Commission ruled that the school had no legal grounds for turning down the applicant.227

225

Le Soir, (26.08.2005) “L’école sans voile se généralise” (The school without scarf becomes more common).

226

Bronner, L. (2005) “Un rapport dresse un bilan positif de la loi sur le voile à l’école”, in Le Monde (27-08-2005).

227

5.4.3.

The issue of minority languages

In the Baltic states of Estonia and Latvia, with a large Russian-speaking minorities, Estonian and Latvian are about to become or have already become the main languages of instruction in public secondary schools. There is still some concern that transition periods might be too short to ensure equal opportunities for minority pupils. According to the Swedish National Agency for Education, only every fourth Roma and less than half of Finns and Meäkiele take lessons in their mother tongue. The reasons for this are: (1) municipalities do not properly inform potential students about their opportunities and rights; (2) there are problems in recruiting teachers; (3) there are few available teaching aids; (4) minority groups face prejudices, negative attitudes and discrimination.228

5.4.4.

Further issues

In Denmar k, a new regulation tightens language proficiency demands for persons applying for Danish citizenship. In the future, most immigrants will have to pass a test designed for participants with a vocational, bachelor or higher education background from their country of origin, and who can be expected to be relatively quick learners.229 _{In Fr ance, Article 4 of the law of 23.02.2005}230 _{asking school}

readers to stress the “positive aspects” of the French colonisation triggered a debate on how France should face its responsibilities in the colonisation process and the institutionalisation of slavery, and how these issues should be dealt with in school. Several historians and associations called for the abrogation of Article 4.

5.5.

Preventive initiatives and good practice against