Education

Right to Education

Protocol 1 Article 2 of the European Convention on Human Rights declares that no person shall be denied the right to education.  In the exercise of any function that it assumes in relation to education and to teaching, the state shall respect the rights of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

This Protocol has not been accepted by all states.  Reservations have been lodged by some, including Ireland.  In 1953 the Irish delegate put it on record the protocol is not sufficiently explicit in ensuring parents the right to provide education for children in their own homes or in schools of the parent’s choice, whether or not private schools or in schools recognised and established by the state.

The provisions now apply to all stages of education, from primary to tertiary and higher education.

Limits to State Obligations

They do not oblige states to provide a particular education system or subsidise a privatised system.  There is a large measure of discretion available to the state. There must be freedom to establish educational institutions.

There must be legitimate justifications for interfering or limiting the right.  The right may be restricted and regulated for the purpose of legitimate aims.  The means employed must be proportionate to the achievement of the aims.

The discriminatory provision of education may breach the protection.

Home Schooling & Values

There is no absolute right for parents to have their children educated in accordance with their beliefs.  States are obliged to respect their convictions.  Convictions refer to serious and important beliefs.

Restrictions have been upheld in relation to disruptive students and homeschooling.  The exclusion of persons for wearing headscarves was not an infringement.  The right to education carries the right to undertake disciplinary measures, including suspension and expulsion. Decisions for expulsion must follow basic due process.