1st P – Article 2

Rejection of a hearing-impaired Roma student’s request to enroll in a school that served his needs! Violation of the right to education

JUDGMENT Szolcsán v. Hungary 30.03.2023 ( app. no. 24408/16) see here SUMMARY The case concerned the applicant’s education in a primary school that was almost exclusively attended by Roma children. Hisrequest to be transferred to anotherschool in a neighbouring town wasrejected because he did not live in the school’s catchment area. However, he claims that […]

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Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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Separation between Roma and North Macedonian students by placing them in different schools. Unjustified discrimination and violation of the right to education

JUDGMENT Elmazova and others v. North Macedonia 13.12.2022 (app. no. 11811/20 and 13550/20) see here SUMMARY The case concerned alleged segregation between pupils of Roma and Macedonian ethnicity, who were predominantly placed in different schools in the cities of Bitola that belonged to the same catchment area, and allegedly in different classes in Shtip. The […]

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Rejection of a candidate from admission to military medical school because of height and weight. Prohibited discrimination

JUDGMENT Moraru v. Romania 08.11.2022 (app. no. 64480/19) see here SUMMARY The case concerned an allegation of discrimination in the admission process to become a military doctor. In particular, the authorities had refused in 2018 to allow the applicant to sit the entrance examination for military medical school because of her size. She was 150 […]

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Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

JUDGMENT Perovy v. Russia  20-10-2020 (app.  47429/09) see here SUMMARY The case  concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

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Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

JUDGMENT G.L. v. Italy 10.09.2020 (app. no.  59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

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Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is  in economic  […]

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The denial of the possibility of education to detainees through the use of computer violated their right to education.

JUDGMENT Mehmet Reşit Arslan and Orhan Bingöl v. Turkey (no. 47121/06) see here SUMMARY Reasonable right of prisoners to continue their studies during their imprisonment. The applicants were convicted of a serious offense – participation in an illegal armed organisation. One of them was transferred to high security prisons. Their requests to have access to audiovisual materials […]

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Disabled student. Suitable facilities and education for people with disabilities. Romania has taken adequate measures to allow access.

JUDGMENT Stoian v. Romania 25.06.2019 (no.289/14) see here SUMMARY  Disabled student. Facilities suitable and edication for people with disabilities. Romania has taken adequate measures to enable access to suitable facilities in schools for pupils with special needs and to provide adequate support for their education. The Stoian v. Romania case (No 289/14) concerned the complaints […]

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