The European Convention on Human Rights & Parental Rights in Relation to Denominational Schooling

11:2-3 Religion & Human Rights: An International Journal (2017), pp. 142–152

11 Pages Posted: 28 Aug 2017

See all articles by Jeroen Temperman

Jeroen Temperman

Erasmus School of Law, Erasmus University Rotterdam

Date Written: August 21, 2017

Abstract

Whereas the bulk of religious education cases concerns aspects of the public school framework and curriculum, this article explores Convention rights in the realm of denominational schooling. It is outlined that the jurisprudence of the Strasbourg Court generally strongly supports the rights of parents not to send their child to state-organized schools and hence to establish or avail of private, denominational schooling instead. In this area of private schooling, the Strasbourg Court could build a stronger body of jurisprudence against discriminatory funding policies. The Court is right in seeing no state duty to fund denominational schools, but where intricate funding policies serve to privilege the state or dominant religion and their schools, at the disadvantage of minority religion schools, the Court should come into action.

Keywords: Protocol 1 ECHR, European Convention on Human Rights, European Court of Human Rights, freedom of religion or belief, right to education, children’s rights, parental rights

Suggested Citation

Temperman, Jeroen, The European Convention on Human Rights & Parental Rights in Relation to Denominational Schooling (August 21, 2017). 11:2-3 Religion & Human Rights: An International Journal (2017), pp. 142–152. Available at SSRN: https://ssrn.com/abstract=3023297

Jeroen Temperman (Contact Author)

Erasmus School of Law, Erasmus University Rotterdam ( email )

3000 DR Rotterdam
Netherlands

HOME PAGE: http://ridms.nl/temperman/

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