This is an essay of systematisation of around 120 judgements of international and national Courts and Tribunals, as well as about 30 General Comments of the United Nations Human Rights Committees (for the sake of the normative development), organised following the various elements of the integrity of the right to education. A judgement or document may appear more than once under different heads.
Considering the increasing intercommunication of the international and national juris-prudence, in a so connected world, and also taking into account the temporal factor in the evolution and interpretation of the legal norms, the list is presented in descending chronological order, regardless of the hierarchy of its sources.
D.1 Value and Priority of the Right to Education as a Human Right and Public Good
- –European Court of Human Rights, 2016, Case Ozan Barış Sanlisoy v. Turkey (Application 77023/12)1 concerning a child with autism (in French).
- –South Africa, Supreme Court of Appeal, 2015, Case Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198; [2016] 1 All SA 369 (SCA); 2016 (4) SA 63 (SCA) (2 December 2015)2 concerning free textbooks.
- –USA, Supreme Court of Florida, 2006, Case Bush v. Holmes, Nº. SC04-2323 to SC-4-23253 concerning a vouchers programme.
- –European Court of Human Rights, 2005, Case Timichev v. Russia (Applications 55762/00 and 55974/00)4 concerning the refusal of school admission of two children.
- –India, Supreme Court, 1993, Case Unni Krishnan, J.P. And Ors. Etc. … vs State Of Andhra Pradesh And Ors. … on 4 February, 1993 (1993 AIR 2178, 1993 SCR (1) 594)5 concerning the human and political value of education.
- –Human Rights Committee, 1990, Communications 298/1988 and 299/19886 concerning funding private education.
- –India, Supreme Court, 1984, Case Bandhua Mukti Morcha vs Union of India & Others [1984] 2 S.C.R. 677 concerning serious breaches of the right to education of some workers.
- –USA, Supreme Court, 1982, Case Plyler v. Doe (No. 80-1538)(1982)8 concerning the right to education of immigrant children in Texas.
- –USA, Supreme Court, 1954, Case Brown v. Board of Education9 concerning racial segregation in schools.
- –USA, Supreme Court of Appeals of West Virginia, 1979, Case Pauley v. Kelly, 255 S.E.2d 859 (W. Va. 1979)10 concerning insufficient funding of public schools.
D.2 Right of Every Human Being
D.2.1 Basic Education – Accessible, Free, Obligation, Quality
D.2.1.1 Access
- –European Court of Human Rights, 2015, Case Memlika v. Greece (Application 37991/12)11 concerning two children excluded from school for having been wrongly diagnosed with leprosy (in French).
- –South Africa, Constitutional Court, 2011, Case Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others (CCT 29/10) [2011] ZACC 13; 2011 (8) BCLR 761 (CC)12 concerning an order to evict a school located on private land.
- –Inter-American Court of Human Rights, 2005, Case Niñas Yean y Bosico vs República Dominicana13 concerning the refusal to issue birth certificates to two girls, required to access primary education, due to their parents’ status (in Spanish).
- –Constitutional Court of Colombia, 2003, Case T-170/0314 concerning the right to attend a school near a child’s home (in Spanish).
- –United Kingdom, Queen’s Bench Division, 1990, Case R v Inner London Education Authority, Ex parte Ali and Another15 relating to lack of school places.
D.2.1.2 Free
- –USA, Kansas Supreme Court, 2016, Case Gannon v. State, 304 Kan. 490 (Kan. 2016) (Gannon III)16 concerning equity funding of poor school districts required by Kansas Constitution.
- –South Africa, Supreme Court of Appeal, 2015, Case Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198; [2016] 1 All SA 369 (SCA); 2016 (4) SA 63 (SCA) (2 December 2015)17 concerning free textbooks.
- –South Africa, Eastern Cape High Court, Grahamstown, 2015, Case Tripartite Steering Committee and Another v Minister of Basic Education and Others (1830/2015) [2015] ZAECGHC 67; 2015 (5) SA 107 (ECG); [2015] 3 All SA 718 (ECG) (25 June 2015)18 concerning free transport to and from school for those children who live a distance from their schools.
- –Bangladesh, Supreme Court, High Court Division, 2014, Case Campaign for Popular Education (CAPE) and another v Secretary of the Ministry of Education and Others19 concerning fees charged by various private educational institutions.
- –Community Court of Justice of the Economic Community of West African States (ECOWAS), 2012, Case SERAP [Socio-Economic Rights and Accountability Project] v Federal Republic of Nigeria and Universal Basic Education Commission (ECW/CCJ/APP/12/07; Judgement Nº ECW/CCJ/JUD/07/10)20 concerning violations of several human rights by Nigeria.
- –USA, Washington Supreme Court, 2012, Case McCleary v State 269 P.3d 227 (Wash. 2012)21 concerning the constitutional obligation to fund education.
- –Colombia, Constitutional Court, 2010, Case C-376-1022 concerning the right to free compulsory school (in Spanish).
- –USA, Court of Appeals of New York, 2003, Case Campaign for Fiscal Equity et al. v State of New York et al. (2003)23 concerning the constitutional obligation to finance public schools.
- –USA, Supreme Court of Texas, 1989, Case Edgewood Independent School District v Kirby (777 S.W.2d 391 (1989))24 concerning the constitutional obligation to fund public schools.
- –USA, Supreme Court, 1973, Case San Antonio Independent School District et al. v. Demetrio P. Rodriguez et al, 411 U.S. 1 (1973)25 relating to the financing of public elementary and secondary schools in Texas.
D.2.1.3 Obligation
- –Switzerland, Federal Court, 2020, Case 2C_1005/2018 (22.08.2019)26 concerning home-schooling (in German).
- –Spain, Constitutional Court, 2010, Case 133/201027 concerning home-schooling (in Spanish).
- –USA, Court of Appeal, Second District, Division 3, California, 2008, Case Rachel L. et al., Persons Coming Under the Juvenile Court Law. Jonathan L. and Mary Grace L., Petitioners, v. Superior Court of the State of California for the County of Los Angeles, No. B19287828 concerning home-schooling.
- –European Court of Human Rights, 2006, Case Konrad v. Germany (Application 35504/03)29 concerning home-schooling.
- –Canada, Supreme Court, 1986, Case La Reine c. Jones, [1986] 2 R.C.S. 28430 concerning a refusal to send schools to school.
D.2.1.4 Quality
D.2.2 Secondary Education
- –European Court of Human Rights, 2011, Case Ponomaryovi v. Bulgary (Application 5335/05)33 concerning access to secondary education for non-nationals.
D.2.3 Higher Education
- –European Court of Human Rights, 2013, Case Tarantino and Others v. Italy (Applications 25851/09, 29284/09 and 64090/09)34 concerning the legality of an obligatory entrance exam and numerus clausus.
- –European Court of Human Rights, 2013, Case Leyla Şahin v. Turkey (Application 44774/98)35 concerning the wearing of Islamic headscarves in higher education institutions.
- –African Commission on Human and People’s Rights, 1995, Case Free Legal Assistance Group and Others v. Zaire (Communication 25/89-47/90-56/91-100/93)36 concerning, among other things, the violation of the right to education because of the closure of universities and secondary schools.
- –Portugal, Constitutional Court, 1994, Case 148/9437 concerning the constitutionality of increasing public higher education fees (in Portuguese).
D.2.4 Teachers
- –Canada, Supreme Court, 2016, Case British Columbia Teachers’ Federation v British Columbia38 concerning the right to collective bargaining for teachers’ union.
- –UN, Committee on the Elimination of Racial Discrimination, 2015, Communication 56/201439 concerning the discrimination of a Roma teacher.
- –UN, Human Rights Committee, 2000, Communication 736/199740 concerning the sanction imposed on a teacher motivated by the frequent public expression of beliefs of religious intolerance.
- –Canada, Supreme Court, 1996, Case Ross v. New Brunschwig School District Nº 15 [1996] 1 SCR 82541 concerning a teacher of Alberta charged for promoting hatred against Jews.
- –Canada, Supreme Court, 1990, Case R.V. v. Keegstra [1990] 3 S.C.R. 69742 concerning a teacher charged for promoting hatred against Jews.
D.3 Without Discrimination
D.3.1 General Principle
- –UN, Committee on Economic, Social and Cultural Rights, 2009, General Comment 20, “Non-discrimination in economic, social and cultural rights (Art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights) (E/C.12/GC/20)43.
- –UN, Human Rights Committee, 1989, General Comment 18,44“Non-discrimination”.
D.3.2 Girls
- –UN, Committee on the Elimination of Discrimination against Women, 2017, General Recommendation 36 “on the right of girls and women to education” (CEDAW/C/GC/36).45
- –UN, Committee on Economic, Social and Cultural Rights, 2005, General Comment 16, “The equal right of men and women to the enjoyment of all economic, social and cultural rights (Art. 3 of the International Covenant on Economic, Social and Cultural Rights)” (E/C.12/2005/4).46
- –UN, Human Rights Committee, 2000, General Comment 28, “Article 3 (The Equality of Rights Between Men and Women)” (CCPR/C/21/Rev.1/Add.10).47
D.3.3 Persons with Disabilities
- –European Court of Human Rights, 2016, Case Çam v. Turkey (Application 51500/08)48 concerning the refusal of a blind person to attend a music conservatory.
- –UN, Committee on the Rights of Persons with Disabilities, 2016, General Comment 4, (CRPD/C/GC/4) “on the right to inclusive education”.49
- –European Committee of Social Rights, 2013, Case European Action of the Disabled (AEH) v. France (Complaint 81/2012)50 concerning the right to education of children and adolescents with autism.
- –European Committee of Social Rights, 2008, Case Mental Disability Advocacy Center (MDAC) v. Bulgaria (Complaint 41/2007)51 concerning the right to education of children living in homes for intellectually disabled children.
- –UN, Committee on the Rights of the Child, 2006, General Comment 9, “The rights of children with disabilities” (CRC/C/GC/9).52
- –Australia, Federal Court, 2003, Case Clarke v Catholic Education Office & Anor [2003] FCA 108553 relating to indirect discrimination of a boy with congenital profound deafness.
- –European Committee of Social Rights, 2003, International Association Autism-Europe v. France (Complaint No. 13/2002)54 concerning the right to education of children with disabilities.
- –UN, Committee on Economic, Social and Cultural Rights, 1995, General Comment 5, “Persons with disabilities” (E/1995/22).55
D.3.4 Persons Living with HIV/AIDS
- –Inter-American Court of Human Rights, 2015, Case Gonzales Lluy y Otros vs Ecuador, Sentencia de 1 de septiembre de 2015 (Excepciones Preliminares, Fondo, Reparaciones y Costas)56 concerning a little girl expelled from a public school because of HIV/AIDS (in Spanish).
- –UN, Commission on the Rights of the Child, 2003, General Comment 3, “HIV/AIDS and the rights of the child” (CRC/GC/2003/3).57
D.3.5 Persons with Different Sexual Orientation
- –Colombia, Constitutional Court, 2015, Case T-478/1558 concerning the suicide of an adolescent because of the discrimination suffered at school because of his sexual orientation (in Spanish).
- –European Committee of Social Rights, 2009, Case International Centre for the Legal Protection of Human Rights (INTERIGHTS) v. Croatia (Complaint 45/2007)59 concerning sexual and reproductive health school education.
D.3.6 Blacks and Ethnic Groups
- –European Court of Human Rights, 2013, Case Horváth and Kiss v. Hungary (Application 11146/11)60 concerning the placement of Roma children in “special schools” for disabled children.
- –African Committee of Experts on the Rights and Welfare of the Child, 2011, Case Institute for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative on behalf of Children of Nubian Descent in Kenya v. the Government of Kenya (Com/002/2009)61 concerning the statelessness of children of Nubian origin in Kenya, affecting the enjoyment of their rights, including the right to education.
- –European Court of Human Rights, 2010, Case Oršuš and Others v. Croatia (Application 15766/03)62 concerning the placement of Roma children in “special schools” for disabled children.
- –European Court of Human Rights, 2009, Case Sejdić and Finci v. Bosnia and Herzegovina (Applications 27996/06 and 34836/06)63 concerning ethnic discrimination.
- –European Court of Human Rights, 2008, Case Sampanis and Others v. Greece (Application Nº 32526/05)64 relating to the education of Roma/Gypsies children.
- –European Court of Human Rights, 2007, Case D.H. and Others v. The Czech Republic (Application 57325/00)65 concerning the placement of Roma children in “special schools” for disabled children.
- –UN, Committee on the Elimination of Racial Discrimination, 2007, Complaint Murat Er v. Denmark (Communication 40/20072007)66 concerning school’s discriminatory practice, based on ethnicity.
- –European Court of Human Rights, 2004, Case Gorzeliket and Others v. Poland (Application 44158/98)67 concerning the right to ethnic identity.
- –USA, Supreme Court, 1954, Case Brown v. Board of Education68 concerning racial segregation in schools.
D.3.7 Linguistic and Other Minorities
- –European Court of Human Rights, 2012, Case Catan and Others v. Moldova and Russia (Applications 43370/04, 8252/05 and 18454/06)69 concerning the closure of three Moldovan language schools in Transdniestria.
- –UN, Human Rights Committee, 1994, General Comment 23, on the rights of ethnic, religious or linguistic minorities (CCPR/C/21/Rev.1/Add.5).70
- –Canada, Supreme Court, 1990, Case Mahe v. Alberta [1990] 1 S.C.R. 34271 relating to management and control over minority language instruction and facilities.
- –European Court of Human Rights, 1968, Case “relating to certain aspects of the laws on the use of languages in education in Belgium v. Belgium” (Applications 1474/62; 1677/62; 1691/62; 1769/63; 1994/63; 2126/64)72 concerning the impossibility of hundreds of children to receive education in French because of their territory of residence.
D.3.8 Indigenous Peoples
- –InterAmerican Court of Human Rights, 2010, Case Comunidad Indígena Xákmok Kásek vs Paraguay (Fondo, Reparaciones y Costas)73 concerning the lack of guarantee of the right to ancestral ownership of the Indigenous Community Xákmok Kosek, with implications for the right to education (in Spanish).
- –UN, Committee on the Rights of the Child, 2009, General Comment 11, “Indigenous children and their rights under the Convention” (CRC/C/GC/11).74
- –Inter-American Court of Human Rights, 2005, Case Yakye Axa Indigenous Community v. Paraguay (Merits, Reparations and Costs) (2005)75 concerning the right to education of indigenous peoples.
D.3.9 Migrants
- –UN, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and Committee on the Rights of the Child, 2017, Joint General Comment 3 and General Comment 22, respectively, “on the general principles regarding the human rights of children in the context of international migration” (CMW/C/GC/3-CRC/C/GC/22).76
- –Inter-American Court of Human Rights, 2014, Advisory Opinion OC-21/14, “Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection”.77
- –CoHR, 2014, “Views” on a Communication (348/2014) by Nell Toussaint v. Canada (CCPR/C/123/D/2348/2014)78 alleging violation of human rights because of his irregular migrant situation.
- –European Court of Human Rights, 2005, Case Timichev v. Russia (Applications 55762/00 and 55974/00)79 concerning the refusal of school admission of two children.
D.3.10 Refugees/Displaced Persons
- –UN, Committee on Economic, Social and Cultural Rights, 2016, Communication 003/2014 (E/C.12/58/D/3/2014)80 concerning discrimination of a refugee child.
- –UN, Committee on the Rights of the Child, 2005, General Comment 6, “Treatment of unaccompanied and separated children outside their country of origin” (CRC/GC/2005/6).81
D.3.11 Detainees
- –European Court of Human Rights, 2014, Case Velyo Velev v. Bulgaria (Application 16032/07)82 concerning an inmate’s right to attend the prison school.
- –Inter-American Court of Human Rights, 2004, Case of the “Juvenile Reeducation Institute” v. Paraguay (Preliminary Objections, Merits, Reparations and Costs)83 concerning the rights of detained children, including their right to education.
- –UN, Human Rights Committee, 1992, General Comment 21, “Article 10 (Humane treatment of persons deprived of their liberty)”.84
D.4 Different Treatment for Other Reasons
- –India, Supreme Court, 2012, Case Society for Un-Aided P. School Of … vs U.O.I & Anr on 12 April85 concerning the constitutionality of the imposition on schools, both public and private, of a quota for disadvantaged groups.
- –UN, Committee on Economic, Social and Cultural Rights, 2009, General Comment 20, “Non-discrimination in economic, social and cultural rights (Art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights) (E/C.12/GC/20).86
- –UN, Committee on Economic, Social and Cultural Rights, 2005, General Comment 16, “The equal right of men and women to the enjoyment of all economic, social and cultural rights (Art. 3 of the International Covenant on Economic, Social and Cultural Rights)” (E/C.12/2005/4).87
- –Supreme Court of Mauritius, 2002, Case S. Tengur v. The Minister of Education & Scientific Research and the State of Mauritius (2002 SCJ 48)88 concerning discrimination related to education on religious grounds.
D.5 General Obligations of the State
D.5.1 Public Education System
- –South Africa, Eastern Cape High Court, Grahamstown, 2015, Case Linkside v Minister of Basic Education and Others (3844/2013) [2015] ZAECGHC 36 (26 January 2015)89 concerning the appointment and funding of teachers.
- –South Africa, Eastern Cape High Court, Mthatha, 2014, Case Madzodzo and Others v Minister of Basic Education and Others (2144/2012) [2014] ZAECMHC 5; [2014] 2 All SA 339 (ECM); 2014 (3) SA 441 (ECM) (20 February 2014)90 concerning the provision of essential school furniture to public schools.
- –UN, Committee on Economic, Social and Cultural Rights, 1999, General Comment 13, “The right to education (Article 13 of the Covenant)” (E/C.12/1999/10).91
- –UN, Committee on Economic, Social and Cultural Rights, 1999, General Comment 11, “Plans of action for primary education (Article 14 of the International Covenant on Economic, Social and Cultural Rights)” (E/C.12/1999/4).92
- –African Commission on Human and Peoples’ Rights, 1995, Communications 25/89-47/90-56/91-100/93: Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union Interafricaine des Droits de l’Homme, Les Témoins de Jehovah/DRC93 concerning violations of human rights in the Democratic Republic of the Congo.
D.5.2 Regulation and Supervision of Public and Private Education
- –Colombia, Constitutional Court, 1997, Case C-560/9794 concerning the constitutionality of a provision of the General Education Act relating to the tuition fees in private institutions (in Spanish).
- –Former European Commission of Human Rights, 1982, X, Y and Z v. the Federal Republic of Germany (Application 9411/81)95 concerning a parents’ complaint that school curricula direct children towards an ideology based on the preeminence of science, which they do not share.
D.5.3 Controversial Learnings
D.5.3.1 Sexual and Reproductive Health Education
- –European Court of Human Rights, 2017, Case R. and L. R. v. Switzerland (Application 22338/15)96 concerning an elementary school’s rejection of an application to exempt a 7-year-old child from sex education lessons.
- –UN, Committee on Economic, Social and Cultural Rights, 2016, General Comment 22 “on the right to sexual and reproductive health (Article 12 of the International Covenant on Economic, Social and Cultural Rights)” (E/C.12/GC/22).97
- –USA, Court of Appeals, Ninth Circuit., 2005, Case James FIELDS; Tammany Fields; Stuart Haberman; Robert Hoaglin; Kathie Hoaglin; Vanessa Shetler, Plaintiffs-Appellants, v. PALMDALE SCHOOL DISTRICT (PSD); Michael Geisser; Arland Atwood, Defendants-Appellees (No. 03-56499)98 concerning an enquiry about sexuality in a public school.
- –UN, Committee on the Rights of the Child, 2003, General Comment 4, “Adolescent health and development in the context of the Convention on the Rights of the Child” (CRC/GC/2003/4).99
- –UN, Committee on Economic, Social and Cultural Rights, 2000, General Comment 14, “The right to the highest attainable standard of health (Article 12 of the International Covenant on Economic, Social and Cultural Rights)” (E/C.12/2000/4).100
- –European Court of Human Rights, 2000, Case Alejandro Jimenez Alonso and Pilar Jimenez Merino v. Spain (Application 51188/99)101 concerning a sexual education course in a public college.
- –USA, Court of Appeals, Third Circuit, 1998, Case Parents United for Better Sch., Inc. v. Sch. Dist. of Pa. Bd. of Educ., 148 F.3d 260, 270 (3d Cir. 1998)102 concerning a voluntary programme to distribute condoms in Philadelphia schools.
- –USA, Court of Appeals, First Circuit, 1995, Case Brown v. Hot, Sexy and Safer Productions INC. (No. 95-1275)103 concerning the obligation to participate in a sexual and reproductive education programme in a public school.
- –European Court of Human Rights, 1976, Case Kjeldsen, Busk Madsen and Pedersen v. Denmark (Applications 5095/71; 5920/72; 5926/72)104 concerning the legitimacy of sexual education in Danish public schools.
D.5.3.2 Moral Education and Instruction on Religions
- –European Court of Human Rights, 2009, Case Johanna Appel-Irrgang and Others v. Germany (Application 45216/07)105 concerning the legitimacy of an amendment to the School Act of January 26, 2004 (Erstes Gesetz zur Änderung des Schulgesetzes).
- –Romania, Constitutional Court, 1997, Case 72/1995106 concerning the obligation of education about religions in elementary school (in French).
- –UN, Human Rights Committee, 1993, General Comment 21 on ICCPR Article 18 (CCPR/C/21/Rev.1/Add.4).107
- –Former European Commission of Human Rights, 1993, Case Bernard and Others v. Luxembourg (Application 17187/90)108 concerning the obligation to attend “religious and moral education lessons” or “moral and social education lessons” in secondary education.
- –Former European Commission of Human Rights, 1986, Case Lena and Anna-Nina Angeleni v. Sweden (Application 10491/83)109 concerning religious education in schools.
- –UN, Human Rights Committee, 1981, Case Erkki Juhani Hartikainen v. Finland (Communication 40/1978)110 concerning the obligation to take religious history and morals courses in schools in Finland.
D.5.3.3 Creationism
- –USA, Supreme Court, 1987, Case Edwards v. Aguillard, 482 U.S. 578; 107 (1987)111 concerning the constitutionality of the Balanced Treatment of Creation-Science and Evolution-Science in Public Schools Instruction Act (Creationism Act) of Louisiana, prohibiting the teaching of the theory of evolution unaccompanied by the narrative of creation.
In this regard, see:
D.6 Liberties of Education
D.6.1 Liberty/Primacy of the Child
- –UN, Committee on the Rights of the Child, 2013, General Comment 14 “on the right of the child to have his or her best interests taken as a primary consideration (Art. 3, para. 1)” (CRC/C/GC/14).114
- –Inter-American Court of Human Rights, 2002, Advisory Opinion OC-17/2002, “Juridical Condition and Human Rights of the Child”.115
- –Former European Commission of Human Rights, 1993, Case Bernard and Others v. Luxembourg (Application 17187/90)116 concerning the obligation to attend “religious and moral education lessons” or “moral and social education lessons” in secondary education.
- –UN, Human Rights Committee, 1989, General Comment 17, “Article 24 (Rights of the child)”.117
- –European Court of Human Rights, 1976, Case Kjeldsen, Busk Madsen and Pedersen v. Denmark (Applications 5095/71; 5920/72; 5926/72)118 concerning the legitimacy of sexual education in Danish public schools.
- –USA, 1972, Case Wisconsin v. Yoder, 406 U.S. 205 (1972)119 dissenting opinion of Judge Douglas concerning the refusal of the religious community to allow their children to attend compulsory school beyond grade eight, invoking the freedom of religion (Free Exercise Clause) of the First Amendment to the Constitution.
D.6.2 Parental Liberty
- –European Court of Human Rights, 2010, Case Grzelak v. Poland (Application 7710/02)120 concerning a child left alone during religious classes he did not attend, in accordance with the wishes of his parents.
- –European Court of Human Rights, 2007, Case Hasan and Eylem Zengin v. Turkey (Application 1448/04)121 concerning the refusal to exempt a student from compulsory classes on religious culture and moral knowledge in a public school.
- –European Court of Human Rights, 1996, Case Valsamis v. Greece (Application 21787/93)122 concerning a suspension of school attendance for Jehovah’s Witness students who refused to participate in a parade.
- –Former European Commission of Human Rights, 1984, Case W. and D. M., M. and H. I. v. The United Kingdom (Applications 10228/82 and 10229/82)123 concerning two couples who claimed to register, one their daughter and the other their son, in a high school only for girls and for boys, respectively.
- –Former European Commission of Human Rights, 1977, Case 40 Mothers v. Sweden (Application 6853/74)124 concerning respect for the religious and philosophical beliefs of mothers of 53 children in public kinder-gartens and the funding of private schools.
D.6.3 Liberty of Creation and Direction of Private Schools
- –Former European Commission of Human Rights, 1987, Ingrid Jordebo Foundation of Christian Schools and Ingrid Jordebo v. Sweden (Application 11533/85)125 concerning the denial of permission to set up a private school.
D.6.4 Academic Freedom
- –European Court of Human Rights, 2014, Case Mustafa Erdoğan and Others v. Turkey (Applications 346/04, 39779/04, Judgement of 27 May 2014)126 concerning freedom of expression.
- –European Court of Human Rights, 2010, Case Sapan v. Turkey (Application 44102/04)127 concerning the seizure of a book based on a doctoral thesis, because it was infringing on the image and personality of a singer.
- –African Commission on Human and Peoples’ Rights, 2010, Case Kenneth Good v. Botswana (Communication 313/05)128 concerning the deportation of a university professor.
- –European Court of Human Rights, 2009, Case Sorguς v. Turkey (Application 17089/03)129 concerning a university professor’s freedom of expression.
D.6.5 Public Funding of Private Education
- –USA, Washington Supreme Court, 2015, Case League of Women Voters of Wash. v State 355 P.3d 1131 (Wash. 2015)130 concerning the constitutionality of funding charter schools.
- –USA, Supreme Court, 2002, Case Zelman v. Simmons-Harris, 536 U.S. 639 (2002 131 concerning the constitutionality of a school vouchers programme in Ohio.
- –Colombia, Constitutional Court, 1997, Case C-560/97132 concerning the constitutionality of a provision of the General Education Act relating to the fees in private institutions (in Spanish).
- –Former European Commission of Human Rights, 1992, Case Rudolf Bachmann, Michael Hofreiter and Beatrix Gulyn against Austria (Application 19315/92)133 concerning the denial of public funding of private education.
- –Former European Commission of Human Rights, 1989, Case André Simpson v. The United Kingdom (Application 14688/89)134 concerning the right to education of a dyslexic child.
- –UN, Human Rights Committee, 1985, Case Carl Henrik Blom c. Sweden (Communication 191/1985)135 concerning the denial of a grant to attend a private school.
D.6.6 Commercialisation of Education
- –Colombia, Constitutional Court, 1997, Case C-560/97136 concerning the constitutionality of a provision of the General Education Act relating to the fees in private institutions (in Spanish).
- –India, Supreme Court, 1993, Case Unni Krishnan, J.P. And Ors. Etc. … vs State Of Andhra Pradesh And Ors. … on 4 February, 1993 (1993 AIR 2178, 1993 SCR (1) 594)137 concerning State’s obligations towards the right to education.
D.7 Public School and Religion
D.7.1 Principle of Non-Indoctrination
- –Colombia, Constitutional Court, 2011, Case T-832/11138 concerning a clothing rule in a higher education institution (in Spanish).
- –European Court of Human Rights, 2004, Case Ciftçi v. Turkey (Application 71860/01)139 concerning the legality of imposing a minimum age for attending a religious course.
- –European Court of Human Rights, 1976, Case Kjeldsen, Busk Madsen and Pedersen v. Denmark (Applications 5095/71; 5920/72; 5926/72)140 concerning the legitimacy of sexual education in Danish public schools.
D.7.2 State or Majority Religion
- –UN, Human Rights Committee, 1993, General Comment 22, “Article 18” (CCPR/C/21/Rev.1/Add.4).141
D.7.3 Interdiction of Compulsory Religious Education
- –European Court of Human Rights, 2007, Case Folgerø and Others v. Norway (Application 15472/02)142 concerning the respect for the convictions of three Norwegian couples relating to their children’ education.
D.7.4 Acts or Events of a Religious Nature
- –USA, Supreme Court, 1963, Case School District of Abington Tp. v. Schempp 374 US 203 (1963)143 concerning the constitutionality of Bible reading or praying at the beginning of the school day.
- –USA, Supreme Court, 1962, Case Engel v. Vitale, 370 U.S. 421, 1962144 concerning the constitutionality of prayer at the beginning of the school day.
D.7.5 Presence of Religious Symbols
- –European Court of Human Rights, 2011, Case Lautsi and Others v. Italy (Application 30814/06)145 concerning the presence of crucifixes on the wall of every classroom.
- –Germany, Federal Constitutional Court, 1995, Case BVerfGE 93 11146 concerning the presence of crucifixes in the classrooms of the State of Bavaria.
- –USA, Supreme Court, 1980, Case Stone v. Graham, 449 U.S. 39, 1980147 concerning the constitutionality of a State of Kentucky law ordering the display of a copy of the Ten Commandments on the wall of each public classroom.
D.7.6 Wearing Religious or Other Ideological Symbols
- –Canada, Supreme Court, 2006, Case Singh Multani v. Commission Scolaire Marguerite-Bourgeoy ([2006] 1 S.C.R. 256, 2006 SCC 6)148 concerning the prohibition of wearing the kirpan at school, which is a daggerlike religious object worn by Sikh believers.
D.7.7 Garments with a Religious Connotation
D.7.7.1 Worn by Students
- –UN, Human Rights Committee, 2012, Communication 1852/2008149 concerning the expulsion of a student from a school motivated by wearing religious clothing.
D.7.7.2 The Case of the Islamic Veil
D.7.7.2.1 Worn by Students
- –Belgium, Constitutional Court, 2020, Case 81/2020 (4 June 2020)150 concerning the banning of wearing of clothes or other items with ideological or religious connotations on the premises of a public higher education institution
- –European Court of Human Rights, 2014, Case S.A.S. v. France (Application 43835/11)151 concerning the compliance with the ECHR of the French Loi n° 2010–1192 du 11 octobre 2010 interdisant la dissimulation du visage dans l’espace public (1) (Act No. 2010-1192 of October 11, 2010, prohibiting the concealment of the face in public space (1)).
- –European Court of Human Rights, 2008, Case Dogru v. France (Application 27058/05)152 concerning the refusal of two girls to remove the Islamic headscarf in physical and sports education classes.
- –European Court of Human Rights, 2006, Case Şefika Köse and Other 93 v. Turkey (Application 26625/02)153 concerning the prohibition of wearing the Islamic headscarf within the school.
- –House of Lords, 2006, Case R(SB) v Governors of Denbigh High School 154 concerning the use of religious symbols and dress instead of a school uniform.
- –European Court of Human Rights, 2005, Case Leyla Şahin v. Turkey (Application 44774/98)155 concerning the prohibition of female students of the Faculty of Medicine of the University of Istanbul from wearing the Islamic veil.
- –UN, Human Rights Committee, 2004, Communication 931/2000156 concerning the exclusion of a university student because of her refusal to stop wearing an Islamic headscarf.
D.7.7.2.2 Worn by Teachers
- –European Court of Human Rights, 2006, Case Sevgi Kurtulmus v. Turkey (Application 65500/01)157 concerning the prohibition from wearing the Islamic headscarf by a professor at the University of Istanbul.
- –Germany, Federal Constitutional Court, 2003, Case BvR 1436/028158 concerning the wearing of the Islamic headscarf by a teacher (in German).
- –European Court of Human Rights, 2001, Case Lucia Dahlab v. Switzerland (Application 42393/98)159 concerning the prohibition of wearing an Islamic veil in class by a Swiss teacher who converted to Islamism.
D.8 School Regulations and Student Rights
D.8.1 Liberty of Expression
D.8.1.1 Hair Length and Style
- –Colombia, Constitutional Court, 1998, Case SU641/98160 concerning the prohibition of attending classes by a student without cutting hair (in Spanish).
- –Colombia, Constitutional Court, 1998, Case T-124/98161 concerning a school disciplinary sanction because of the hair length (in Spanish).
- –Colombia, Constitutional Court, 1993, Case 065/93162 concerning school hair length regulations (in Spanish).
- –USA, Court of Appeals, Fourth Circuit, 1972, Case Massie v. Henry (455 F.2d 779, 4th Cir. 1972)163 concerning the suspension of high school students in North Carolina for refusing to obey a school rule on long hair and sideburns.
- –USA, District Court for the Central District of California, 1970, Case King v. Saddle-back Junior College District (318 F. Supp.89, 1970)164 concerning the refusal to high school admission of several students because their hairstyle did not comply with school regulations.
- –USA, District Court for the Western District of Wisconsin, 1969, Case Breen v. Kahl 296 F. Supp. 702 1969)165 concerning the refusal to high school admission of several students because their hairstyle did not comply with school regulations.
D.8.1.2 Clothing
- –Colombia, Constitutional Court, 2011, Case T-832/11166 concerning a rule on clothing in a higher education institution (in Spanish).
- –USA, District Court, E. D. Arkansas, W. D., 1972, Case Wallace v. Ford (Nº LR-71-c-242167 concerning the suspension of several students, boys and girls, from a secondary school for failing to comply with school rules regarding clothing.
D.8.1.3 School Uniforms
- –Former European Commission of Human Rights, 1986, Case Stevens v. The United Kingdom (Application 11674/85)168 concerning rules on school clothing.
D.8.1.4 Opinions
- –USA, Supreme Court, 1969, Case Tinker v. Des Moines Independent Community School District 393 U.S. 503, 1969169 concerning the suspension of three public school students in Des Moines, Iowa, who wore armbands to protest against EU policy in Vietnam.
D.8.1.5 Affectivity and Sexuality
- –Colombia, Constitutional Court, 2004, Case T-853/04170 concerning a 17-year-old student who, having married civilly and become pregnant, was prevented from completing secondary school at the Catholic college she attended (in Spanish).
- –Colombia, Constitutional Court, 1999, Case T-015/99171 concerning the expulsion of a girl from an educational institution because she decided to live with her boyfriend (in Spanish).
- –Colombia, Constitutional Court, 1999, Case T-412/99172 concerning the requirement by a college Director to present a medical certificate stating that she was not pregnant as a condition of college attendance (in Spanish).
- –Colombia, Constitutional Court, 1997, Case T-225/97173 concerning a rule sanctioning any amorous expression at school (in Spanish).
D.8.2 Disciplinary Sanctions
- –European Court of Human Rights, 2009, Case Irfan Temel and Others v. Turkey (Application 36458/02)174 concerning the claim for a Kurdish language course at the University.
- –European Court of Human Rights, 1982, Case Campbell and Cosans v. The United Kingdom (Application 7511/76; 7743/76)175 concerning two mothers complaining against corporal punishment as a disciplinary measure in public schools attended by their children.
- –USA, Supreme Court, 1975, Case Goss v. Lopez 419 U.S. 565, 1975)176 concerning the suspension for 10 days of nine students from a public school in Ohio for bad behaviour, without being heard.
D.8.3 Interdiction of Corporal Punishment
- –UN, Committee on the Rights of the Child, 2011, General Comment 13, “The right of the child to freedom from all forms of violence” (CRC/C/GC/13).177
- –UN, Committee on the Rights of the Child, 2006, General Comment 8, “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (Arts. 19; 28, para. 2; and 37, inter alia)” (CRC/C/GC/8).178
- –UN, Committee on the Rights of the Child, 2001, General Comment 1, “Article 29 (1): The aims of education” (CRC/GC/2001/1).179
- –Fiji, Supreme Court, 2002, Case Naushad Ali v. State (Criminal Appeal Nº HAA 0083 of 2001 (C. P. Nº 0001 of 2001L, 21 March 2002)180 concerning a judicial condemnation to corporal punishment.
- –Israel, Supreme Court, 2000, Case Criminal Appeal 4596/98 Plonit v. A.G. 54(1) P.D. [2000]181 concerning corporal punishment of two children by their mother.
- –UN, Committee on Economic, Social and Cultural Rights, 1999, General Comment 13, “The right to education (Article 13 of the Covenant)” (E/C.12/1999/10).182
- –European Court of Human Rights, 1998, Case A. v. The United Kingdom (100/1997/884/1096)183 concerning corporal punishment of children in the family.
- –UN, Human Rights Committee, 1992, General Comment 20, “Article 7 (Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment)”.184
- –European Court of Human Rights, 1982, Case Campbell and Cosans v. The United Kingdom (Application 7511/76; 7743/76)185 concerning two mothers complaining against corporal punishment as a disciplinary measure in public schools attended by their children.
- –Former European Commission of Human Rights, 1982, Case Seven Individuals v. Sweden (Application 8811/79)186 concerning the prohibition of corporal punishment of children.
- –European Court of Human Rights, 1978, Case Tyrer v. The United Kingdom (Application 5856/72)187 concerning the application of corporal punishment to a schoolboy.
D.8.4 Rights of Defence
- –USA, Supreme Court, 1975, Case Wood v. Strickland, 420 U.S. 308, 1975188 concerning the expulsion from an Arkansas school of two girls who had violated school rules prohibiting the consumption or carrying certain beverages to school, without being heard.
D.9 Protection of Children/Students against Sexual Abuse and Other Ill-Treatment in Public and Private Schools
- –European Court of Human Rights, 2014, Case O’Keeffe v. Ireland (Application 35810/09)189 concerning State responsibility for the protection of children/pupils from sexual abuse and other ill-treatment in public and private schools.
- –African Committee of Experts on the Rights and Welfare of the Child, Decision Nº 003/Com/001/2012 on the Talibés Children Case190 which are children aged 4–12 years (known as talibés) attending private Qur’anic schools (daaras) in Senegal but forced by some teachers to beg in the streets to fund their education.
D.10 Examples of Remedies for Violations of the Right to Education
- –Inter-American Court of Human Rights, 2015, Case Gonzales Lluy y Otros vs Ecuador, Sentencia de 1 de septiembre de 2015 (Excepciones Preliminares, Fondo, Reparaciones y Costas)191 concerning a little girl expelled from a public school because she was HIV/AIDS positive (in Spanish).
- –Colombia, Constitutional Court, 2015, Case T-478/15192 concerning a 17-year-old student who committed suicide because of discrimination at school because of his or her sexual orientation (in Spanish).
- –European Court of Human Rights, 2014, Case O’Keeffe v. Ireland (Application 35810/09)193 concerning State responsibility for the protection of children/pupils from sexual abuse and other ill-treatment in public and private schools.
- –Committee on the Elimination of Racial Discrimination, 2015, Communication 56/2014194 regarding discrimination of a female teacher.
- –Colombia, Constitutional Court, 2004, Case T-853/04195 concerning a 17-year-old student who, having married civilly and become pregnant, was prevented from completing secondary school at the Catholic college she attended (in Spanish).
- –Fiji, Supreme Court, 2002, Case Naushad Ali v. State (Criminal Appeal Nº HAA 0083 of 2001 (C. P. Nº 0001 of 2001L, 21 March 2002)196 concerning a judicial condemnation to corporal punishment.
- –Inter-American Commission on Human Rights, Case Mónica Carabantes Galleguillos, Petition 12, 046, Chile, March 12 2002 (Report No. 33/02 – Friendly Settlement)197 concerning a student expelled from a private school for being pregnant (in Spanish).
Notes
45
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GC/36&Lang=en
49
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD/C/GC/4&Lang=en
181
http://versa.cardozo.yu.edu/sites/default/files/upload/opinions/A.%20v.%20State%20of%20Israel.pdf