Liability and Remedies for School Segregation in the United States and the European Union. Working Paper #44

In 1954, the United States Supreme Court decided "Brown v. Board of Education," a case that is known throughout the US and around the world for its strong statements about equality and about the importance of education. The years since the "Brown" decision have been filled with many changes in US law and society. From the perspective of civil rights advocates, many of those changes have resulted in great progress, but others have fallen far short of "Brown's" lofty ambitions. Today, if Americans who are committed to achieving more integrated schools and broader access to quality education look only inside our own law and our own borders, the situation is discouraging. At first glance, however, recent developments in Europe seem to pursue one road not taken by the US Supreme Court. In 2007, the European Court of Human Rights, the most influential international human rights court in the world, decided what some commentators have referred to as "Europe's Brown v. Board of Education." Informed by the contours of what constitutes illegal discrimination under different legal regimes' statutes and judge-made law, this working paper analyzes school desegregation liability and remedies available in the US and the EU (specifically the Czech Republic). Turning to the EU, the authors see how an international human rights court is redefining the way national remedies against discrimination are construed. Before beginning their analysis, the authors explore some similarities and differences between US and European conceptions of race and ethnicity.