Suchergebnisse

The Protection of the right to education has been the subject of endness debates troughout thepreparatory work on the European Convention of Human Rights. While the idea of a right to educationfor all was quite evident in the mind of the drafters of the European Convention of Human Rights, therespect for religious and philosophical convictions of parents, who come first in the education of theirchildren, has been more controversial. Theses doubts explain the inscription of this right in Article 2 ofthe Protocol to the Convention on 20 March 1952. Its importance mustn't be overlooked. Described asa « matrix right », the right to education contributes to a concrete and effective guarantee of the rightsand freedoms protected by the European Convention of Human Rights. It ensures personal blossomingand the right to make up their own minds. Therefore, everybody can claim this right, whether it be apupil or a student, regardless of the institution (public or private school, primary school or furthereducation). Aware of this key issue to protect a democratic society, the European Court of HumanRights has interpreted article 2 of the Protocol in order to reach a fair balance between the nationalmargin of appreciation and the protection of the right to education. That's the reason why the Courtrequires States to achieve some positive obligations especially to enable everyone to use existingeducation means. Through the guarantee to an equal access of everyone to education institutions, theEuropean Court of Human Rights also encourages national authorities to observe the distinctivefeatures of each individual. In order to do so, the authorities must remain neutral both in educationalinstitutions and their curriculum. No pupil or student must feel excluded or chastised because of hispersonal convictions. Then, securing the universal right to education implies securing the right to apluralistic education. ; La protection du droit à l'instruction a fait l'objet de longues discussions lors des travaux préparatoiresà la ...