Schoolchildren’s Right to Education and Freedom of Religion in the Case Law of the ECtHR: Comments on Papageorgiou v Greece
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Georgios Milios
Abstract
The article deals with the schoolchildren’s right to education and freedom of religion in the case law of the ECtHR, with a special focus on the case Papageorgiou v Greece adopted in October 2019. In the case at hand, the applicants challenged the content of the religious courses in Greece as well as the opt-out procedure offered for parents who did not wish their children to participate in the religious course. The Court concluded that the exemption procedure violated Art 2 of Protocol 1 of the ECHR. After examining previous case law of the ECtHR on similar cases, the article focuses on the most striking parts of the Court’s judgment in Papageorgiou. In particular, the ECtHR only considered the exemption procedure from the courses offered, and made no reference to, or examination of, the courses themselves. In addition, the perspective related to the right to private life is also missing. The article concludes by commenting that the Court’s judgment had already had an impact on the case law of the Greek Supreme Administrative Court.
© 2021 Walter de Gruyter GmbH, Berlin/Boston
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- Frontmatter
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- Balancing Competences and the Margin of Appreciation: Structuring Deference at the ECtHR
- Treaties in the Philippine Constitutional System
- Notes and Essays
- Schoolchildren’s Right to Education and Freedom of Religion in the Case Law of the ECtHR: Comments on Papageorgiou v Greece
- Convicted Individuals as a Group Stigmatised by the State in the Case Law of the Constitutional Court of the Republic of Latvia
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Articles in the same Issue
- Frontmatter
- Articles
- Balancing Competences and the Margin of Appreciation: Structuring Deference at the ECtHR
- Treaties in the Philippine Constitutional System
- Notes and Essays
- Schoolchildren’s Right to Education and Freedom of Religion in the Case Law of the ECtHR: Comments on Papageorgiou v Greece
- Convicted Individuals as a Group Stigmatised by the State in the Case Law of the Constitutional Court of the Republic of Latvia
- Book Review
- Democratic Commitment as Marker of Successful Constitution-Making: Donald L Horowitz, Constitutional Processes and Democratic Commitment (Yale University Press 2021)
