Chapter 24 Multiple choice questions

1. Which one of the following statements best expresses the basic duty that States are under in respect of Article 2 of the First Protocol?

States have a duty to provide an effective, well-funded system of primary, secondary and tertiary education.

At most, Article 2 gives every child a right of equal access to the system of primary and secondary education that a State provides.

If States provide a system of primary, secondary and tertiary education, whatever that system may be, Article 2 gives every child and young person a right of equal access to it.

If States provide a system of primary, secondary and tertiary education, it must give every child and young person a right of equal access to it; this includes a child's right to be taught in his or her first language and with due regard to his or her culture.

2. Article 2 prevents a school or an education system from excluding a child from school and hence from education altogether.

True

False

3. Match the case, both European Court of Human Rights (ECtHR) and House of Lords, with the circumstances and legal principle that it embodies.

Parental convictions can include views about punishment, but Article 2 does not give parents a right of veto (only a right to respect for their convictions) and a total ban on corporal punishment in schools was a reasonable means for a State to promote the welfare of children.

Parental convictions can include views about punishment. Article 2 was violated when a school, and educations system, refused to agree not to impose corporal punishment on a pupil.

Parental convictions about the undesirability of sex education for their children do not give them a right to remove their child from classes that are ethically neutral and based on giving information.

Parental convictions that require children to be taught specific, dogmatic views about morality or politics are unlikely to supported under Article 2, especially if a school is following an ethically balanced, pluralist and politically neutral curriculum.

4. The United Kingdom entered a ……… when it signed Article 2 of Protocol 1 in 1952. This limited the obligation to respect parental convictions only so far as this was compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.

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