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Grzelak v. Poland, No. 7710/02, ECtHR (Fourth Section), 22 November 2010

Abstract

The failure of the school authorities to organise an ethics course in conformity with the parents convictions, as an alternative to the religion course, does not breach art. 2 of the first additional Protocol of the ECHR.

Normative references

Art. 2 Prot. No. 1 ECHR

Ruling

It is, in principle, within the national margin of appreciation left to the States under Article 2 of the first additional Protocol of the ECHR to decide whether to provide religious instruction in public schools and, if so, what particular system of instruction should be adopted. The only limit which must not be exceeded in this area is the prohibition of indoctrination.  Therefore, the failure to provide ethics courses, as an alternative to the religion classes, 
where the latter are imparted in a pluralistic way and participation in them is optional, does not breach  article 2 of the first additional protocol of ECHR.