In this blog post, Imogen Proud considers the nature and scope of the right to education under the Human Rights Act 1998 (“HRA 98”).
The right to education is protected by Article 2, Protocol 1 (“A2P1”) found within Schedule 1 HRA 98.
That article provides:
“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.”
What is protected by the first sentence of A2P1?
What is protected by the second sentence of A2P1?
ECtHR’s Guide on Article 2 of Protocol No. 1 to the European Convention on Human Rights, 30 April 2021, available here.