Suspension from school and the right to education: case-law of the European Court of Human Rights
DOI:
https://doi.org/10.1344/REYD2021.1EXT.37694Keywords:
Fundamental right to education, suspension, education law, European Court of Human Rights, proportionalityAbstract
This paper analyses the relation between the fundamental right to education, as described in article 2 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and suspension from school, a disciplinary action that may entail a long estrangement from the place where formal education occurs. It also considers some different attitudes towards the way education and punishment relate and sets out the reasons that lead to a long suspension according to the Spanish education law and the Spanish and the European Court of Human Rights case-law. Finally, it cites the cases in which the European Court of Human Rights has considered suspension from school a disproportionate measure and thereupon at odds with this fundamental right to education.
References
VAN DROOGHENBROECK, S. (2001) La proportionnalité dans le droit de la convention européenne des droits de l'homme: Prendre l'idée simple au sérieux, Bruselas: Presses de l’Université Saint-Louis.
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