The right to education in the practice of the European Court of human rights Cover Image

Pravo na obrazovanje u praksi Evropskog suda za ljudska prava
The right to education in the practice of the European Court of human rights

Author(s): Bojan Božović, Anđela Đukanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Fakultet pravnih nauka Univerziteta Donja Gorica
Keywords: pravo na obrazovanje; ljudska prava; Evropski sud za ljudska prava; Evropska konvencija za zaštitu ljudskih prava i osnovnih Sloboda

Summary/Abstract: At the universal level, there have been almost no cases dealing with the right to education; also, the non-European regional human rights systems have had very few cases. Given that the right to 100 education is mostly declarative in nature and insufficiently defined, the case law of the European Court of Human Rights is certainly important in understanding the content of the right to education. In relation to other instruments for the protection of human rights, the right to education is the most modestly defined in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Nevertheless, in the Court’s case law this right has come somewhat closer to other human rights instruments. The right to equal access to educational institutions is a basic element of the right to education, although it can be concluded from the case law of the European Court of Human Rights that the quality of education is also relevant, especially at lower levels of education. The importance of equal access to educational institutions, particularly to the institutions of higher education, which represents a segment of education being neglected at the universal level, has been clarified to a certain extent. However, the right to free and compulsory primary education, which is the very essence of the right to education at the universal level, has been accepted as a standard only in one case.

  • Issue Year: II/2020
  • Issue No: 2
  • Page Range: 83-100
  • Page Count: 18
  • Language: Montenegrine