24. Article 2 of the First Protocol: right to education

Abstract

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 2 of the First Protocol, which guarantees two things: first, a right of access to education; and, second, an obligation on the state to ensure that the religious and philosophical convictions of parents concerning the education of their children are respected. The former is one of the few places where the Convention expressly refers to ‘social rights’, which are problematic because they can compel states to large expenditure and can distort democratically chosen priorities for expenditure. The latter reflects the fear of ideological indoctrination that has been associated with totalitarian regimes and is, predominantly, a negative obligation on states not to attempt to pervert the development of children’s minds.