CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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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