CYPRUS v. TURKEY JUDGMENT
67
accordance with their cultural and ethnic tradition, and in particular through
the medium of the Greek language, could not be met. The Commission
further considered that the total absence of secondary-school facilities for
the persons concerned could not be compensated for by the authorities'
allowing pupils to attend schools in the south, having regard to the fact that
restrictions attached to their return to the north (see paragraph 44 above). In
the Commission's conclusion, the practice of the Turkish-Cypriot authorities
amounted to a denial of the substance of the right to education and a
violation of Article 2 of Protocol No. 1.
276. As to the provision of primary-school education in the Greek
language, the Commission considered that the right to education of the
population concerned had not been disregarded by the Turkish-Cypriot
authorities and that any problems arising out of the vacancy for teaching
posts had been resolved.
277. The Court notes that children of Greek-Cypriot parents in northern
Cyprus wishing to pursue a secondary education through the medium of the
Greek language are obliged to transfer to schools in the south, this facility
being unavailable in the “TRNC” ever since the decision of the
Turkish-Cypriot authorities to abolish it. Admittedly, it is open to children,
on reaching the age of 12, to continue their education at a Turkish or
English-language school in the north. In the strict sense, accordingly, there
is no denial of the right to education, which is the primary obligation
devolving on a Contracting Party under the first sentence of Article 2 of
Protocol No. 1 (see the Kjeldsen, Busk Madsen and Pedersen v. Denmark
judgment of 7 December 1976, Series A no. 23, pp. 25-26 § 52). Moreover,
this provision does not specify the language in which education must be
conducted in order that the right to education be respected (see the abovementioned Belgian linguistic judgment, pp. 30-31, § 3).
278. However, in the Court's opinion, the option available to GreekCypriot parents to continue their children's education in the north is
unrealistic in view of the fact that the children in question have already
received their primary education in a Greek-Cypriot school there. The
authorities must no doubt be aware that it is the wish of Greek-Cypriot
parents that the schooling of their children be completed through the
medium of the Greek language. Having assumed responsibility for the
provision of Greek-language primary schooling, the failure of the “TRNC”
authorities to make continuing provision for it at the secondary-school level
must be considered in effect to be a denial of the substance of the right at
issue. It cannot be maintained that the provision of secondary education in
the south in keeping with the linguistic tradition of the enclaved Greek
Cypriots suffices to fulfil the obligation laid down in Article 2 of
Protocol No. 1, having regard to the impact of that option on family life (see
paragraph 277 above and paragraph 292 below).