DH and Others v Czech Republic

In brief

THE APPLICANTS WON: the Grand Chamber held, by thirteen votes to four, "that there has been a violation of Article 14 taken in conjunction with Article 2 of Protocol No. 1", and unanimously dismissed the Government's preliminary objection. Grand Chamber. Roma children placed in special schools at disproportionate rates. Held that Article 14 ECHR (read with Protocol 1, Article 2) is engaged not only by direct discrimination but by neutral measures producing disproportionate impact on a protected group. Establishes that statistical disparate impact can found a Convention discrimination claim and shifts the burden to the State to justify. Foundational ECHR indirect-discrimination authority.

Key provisions

• Article 14 ECHR + Protocol 1 Art 2 — Statistical disparate impact engages Article 14: A facially-neutral measure that produces disproportionate adverse impact on a protected group can found a discrimination claim under Article 14, even without proof of discriminatory intent. Statistical evidence of disparate impact can shift the burden to the State to justify the measure.

When relevant

Cases where the practice is constructing an indirect-discrimination argument and ECHR weight is required; useful where domestic s.19 EA2010 analysis (Essop / Homer) needs Convention reinforcement; particularly for cases involving group-level statistical disparity.