Leyla Sahin v Turkey: ECHR 10 Nov 2005

(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf.
Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very essence and deprive it of its effectiveness.’
‘Although [A2P1] does not impose a duty on the contracting states to set up institutions of higher education, any state doing so will be under an obligation to afford an effective right of access to them.’

Judges:

L Wildhaber P

Citations:

[2006] ELR 73, [2005] ECHR 819, (2007) 44 EHRR 5, 44774/98, 19 BHRC 590

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

Human Rights

Citing:

See AlsoLeyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .

Cited by:

CitedA v Essex County Council SC 14-Jul-2010
The claimant, a severely disabled child sought damages, saying that for well over a year, the local authority had made no provision for his education.
Held: His appeal against the striking out of his action failed. The correct approach had . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 26 July 2022; Ref: scu.421520