Protocol 1, Article 2

Right to education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions

This means that a person has the right not to be denied access to the existing education system. It also means that parents have the right to have their religious or philosophical beliefs respected in the way that their children are educated.

This does not however create a right to be educated in a particular school or in a particular manner. It is not an absolute right and cost can be taken into account when considering the rights of individuals to be educated in the system provided.

What this means for local authorities

This article may be relevant for those working in school or education departments, and those involved in education policy. Consideration should be given to this Article in relation to issues such as exclusions, punishment and uniforms. Local authorities will need to ensure that all pupils have access to education which conforms to parents’ religious and philosophical convictions. Local authorities should always be able to produce reasons for their decisions.