swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Education - From: 1970 To: 1979
This page lists 3 cases, and was prepared on 27 May 2018.
Kjeldsen, Busk, Madsen and Peddersen v Denmark 5095/71; 5920/72; 5926/72; [1976] ECHR 6; (1976) 1 EHRR 711
7 Dec 1976
ECHR
Human Rights, Education
The claimants challenged the provision of compulsory sex education in state primary schools. Held: The parents' philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their children to state schools or educate them at home. Article 2 of the First Protocol is aimed at preventing state indoctrination, and must be applied in conformity with other articles of the Convention. "Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic ('status') by which persons or groups of persons are distinguishable from each other. However there is nothing in the contested legislation which can suggest that it envisaged such treatment" and "other status" in Article 14 means a personal characteristic.
ECHR Judgment (Merits) - No violation of P1-2; No violation of Art. 14+P1-2; No violation of Art. 8+P1-2; No violation of Art. 9+P1-2.
European Convention on Human Rights 14
1 Cites
1 Citers
[ Bailii ]
X v United Kingdom 7782/77
1978
ECHR
Education, Human Rights
(Commission) In the context of the second sentence of Article 2, "there is no positive obligation on the State in relation to the second sentence . . to subsidise any particular form of education in order to respect the religions and philosophical beliefs of parents. It is sufficient for the State, in order to comply with its obligations under Article 2, to evidence respect for the religions and philosophical beliefs of parents within the existing and developing system of education."
European Convention on Human Rights 2
1 Citers
Malnak v Yogi; 2-Feb-1979 -