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Reflections on the Right to Education – the European Perspective

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Chapter Summary

The fundamental right to education has today acquired a magnitude and meaning that we do not find in the fifty-year-old European Convention on the Protection of Human Rights and Fundamental Freedoms, 1950. This chapter highlights some of the lessons to be drawn for the future and the author's own reflections, taking into account the various international and European instruments that have been elaborated with a view to guarantee the right to education. The right to education under Article 2 of Protocol No. 1 (P.I-2) of European Convention focuses on the rights of the parents rather than on the rights of the children. The United Nations Convention on the Rights of the Child (UNCRC) deals with the issue of corporal punishment in schools and expressly prohibits disciplinary measures in schools that are inconsistent with the dignity of the child.

Keywords: European Convention; human rights education; International charters; International conventions; International covenants; ratification; Strasbourg case law; UNCRC; Universal Declaration of Human Rights (UDHR)



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