Chapter 24 Guidance on answering the self-test questions

1. How does the Belgian Linguistics case (above, section 24.1) guide our understanding of the scope and application of Article 2?

It is the first major interpretation of Article 2 of the First Protocol by the ECtHR. In particular it establishes a child’s right to equal participation in the education system a country provides. It links Article 2 to Article 14 and the idea of discrimination.

2. Would it be possible, consistently with Article 2, to abolish private education in the United Kingdom?

Probably not. Article 2 requires a reasonable degree of pluralism and choice over the education system.

3. Describe the duty that states have, under Article 2, in respect of providing an education to children and young persons.

Article 2 does require a reasonably diverse educational system but, so long as children have equal access, it does not insist on any particular form or structure to the educational system.

4. What is meant by a curriculum under which information is conveyed in an ‘objective, critical and pluralistic’ manner (Kjelsden above, section 24.4.2)?

Given the history of Europe under dictatorship in the first half of the Twentieth Century, an important aim of Article 2 is to prevent indoctrination into a state ideology – this is an important aspect of Article 2. It also needs to ensure that children have a reasonably plural education despite what may be their parents’ beliefs (though those beliefs need to be “respected”.