European Court of Human Rights judgement on discrimination regarding the right to education

February 1st, 2018 § 0 comments

In the case of Enver Şahin v. Turkey (application no. 23065/12), the Court found that there had been discrimination concerning the right to education owing to the inability of the applicant, a paraplegic person, to gain access to the university buildings for the purposes of his studies owing to the lack of suitable facilities (a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights, read in conjunction with Article 2 of Protocol No. 1 (right to education)).

The Court found in particular that the Government had not demonstrated that the national authorities, and in particular the university and judicial authorities, had reacted with the requisite diligence in order to ensure that Mr Şahin could continue to enjoy his right to education on an equal footing with other students.

Firstly, a proposal by the rector’s office to provide a person to assist him had not been made following an assessment of Mr Şahin’s actual needs and an honest appraisal of the potential impact on his safety, dignity and independence. Secondly, the domestic courts had not ascertained whether a fair balance had been struck between the competing interests of the applicant (his educational needs) and of society as a whole.

Furthermore, they had omitted to look for possible solutions that would have enabled the applicant to resume his studies under conditions as close as possible to those provided to students with no disability, without imposing an undue or disproportionate burden on the administration. press-release

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