| 释义 |
right to education
A right set out in Article 2 of the First Protocol to the European Convention on Human Rights and now part of UK law as a consequence of the Human Rights Act 1998. It is not limited to primary and secondary education (Leyla Sahin v Turkey (App no 44774/98) (2007) 44 EHRR 5) and does not create a duty to fund or subsidize private education. The right involves a duty to respect the religious and philosophical convictions of the parents regardless of whether or not the child is in the state sector; this includes the right not to have corporal punishment imposed upon one’s children (Campbell and Cosans v UK (1982) (App no 7511/76 4 EHRR 293) but see also R (Williamson) v Secretary of State for Education and Employment [2005] UKHL 15, [2005] 2 AC 246). The courts have decided that the display of crucifixes in Italian state schools did not violate this provision (Lautsi v Italy [2011] ECHR 30814/06) but nor did the prohibition on wearing the hijab in state universities in Turkey (Leyla Sahin v Turkey as above). As a specific type of disadvantaged and vulnerable minority, the Roma in the Czech Republic have been afforded special protection (DH v Czech Republic (2007) (App no 57325/00) 47 EHRR 3). |