This chapter examines educational rights as a central mechanism for the protection of human dignity, cultural identity, and diversity within the European human rights framework. It analyzes Article 2 of Protocol No. 1 to the European Convention on Human Rights and the extensive case law of the European Court of Human Rights concerning access to education, parental rights, minority protection, and state neutrality. The chapter explores the tension between state discretion in shaping education systems and the obligation to respect parents’ religious and philosophical convictions, emphasizing the requirement that education be delivered in an objective, critical, and pluralistic manner. Particular attention is given to cases involving minority and Roma education, religious symbols, exemptions from curricula, and language instruction, highlighting the Court’s cautious approach and its reliance on the margin of appreciation. While recent jurisprudence shows greater sensitivity to indirect discrimination and substantive equality, the chapter argues that the Court’s system-oriented reasoning often prioritizes administrative feasibility over the lived impact of educational policies on minority identity, leaving structural vulnerabilities insufficiently addressed.

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Educational Rights

  • Nikolaos Gaitenidis

摘要

This chapter examines educational rights as a central mechanism for the protection of human dignity, cultural identity, and diversity within the European human rights framework. It analyzes Article 2 of Protocol No. 1 to the European Convention on Human Rights and the extensive case law of the European Court of Human Rights concerning access to education, parental rights, minority protection, and state neutrality. The chapter explores the tension between state discretion in shaping education systems and the obligation to respect parents’ religious and philosophical convictions, emphasizing the requirement that education be delivered in an objective, critical, and pluralistic manner. Particular attention is given to cases involving minority and Roma education, religious symbols, exemptions from curricula, and language instruction, highlighting the Court’s cautious approach and its reliance on the margin of appreciation. While recent jurisprudence shows greater sensitivity to indirect discrimination and substantive equality, the chapter argues that the Court’s system-oriented reasoning often prioritizes administrative feasibility over the lived impact of educational policies on minority identity, leaving structural vulnerabilities insufficiently addressed.