CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT 49 137. By binding themselves, in the first sentence of Article 2 of Protocol No. 1, not to “deny the right to education”, the Contracting States guarantee to anyone within their jurisdiction a right of access to educational institutions existing at a given time (see Case “relating to certain aspects of the laws on the use of languages in education in Belgium”, judgment of 23 July 1968, Series A no. 6, §§ 3-4). This right of access constitutes only a part of the right to education set out in the first sentence. For the right to be effective, it is further necessary that, inter alia, the individual who is the beneficiary should have the possibility of drawing profit from the education received, that is to say, the right to obtain, in conformity with the rules in force in each State, and in one form or another, official recognition of the studies which he has completed (Case “relating to certain aspects of the laws on the use of languages in education in Belgium”, cited above, § 4). Moreover, although the text of Article 2 of Protocol No. 1 does not specify the language in which education must be conducted, the right to education would be meaningless if it did not imply in favour of its beneficiaries, the right to be educated in the national language or in one of the national languages, as the case may be (Case “relating to certain aspects of the laws on the use of languages in education in Belgium”, cited above, § 3). 138. The right set out in the second sentence of the Article is an adjunct of the fundamental right to education set out in the first sentence. Parents are primarily responsible for the education and teaching of their children and they may therefore require the State to respect their religious and philosophical convictions (see Case “relating to certain aspects of the laws on the use of languages in education in Belgium”, cited above, §§ 3-5 and Kjeldsen, Busk Madsen and Pedersen v. Denmark, judgment of 7 December 1976, Series A no. 23, § 52). The second sentence aims at safeguarding the possibility of pluralism in education which possibility is essential for the preservation of the “democratic society” as conceived by the Convention. It implies that the State, in fulfilling the functions assumed by it in regard to education and teaching, must take care that information or knowledge included in the curriculum is conveyed in an objective, critical and pluralistic manner. The State is forbidden to pursue an aim of indoctrination that might be considered as not respecting parents’ religious and philosophical convictions (Kjeldsen, Busk Madsen and Pedersen, cited above, §§ 50 and 53; Folgerø, cited above, § 84; Lautsi, cited above, § 62). 139. The rights set out in Article 2 of Protocol No. 1 apply with respect to both State and private institutions (Kjeldsen, Busk Madsen and Pedersen, cited above, § 50). In addition, the Court has held that the provision applies to primary, secondary and higher levels of education (see Leyla Şahin v. Turkey [GC], no. 44774/98, §§ 134 and 136, ECHR 2005-XI). 140. The Court however recognises that, in spite of its importance, the right to education is not absolute, but may be subject to limitations. Provided that there is no injury to the substance of the right, these

Select target paragraph3