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Konrad v. Germany, dec., No. 35504/03, ECtHR (Fifth Section), 11 September 2006

Type Judgment
Case number 35504/03


The refusal of exemption from compulsory primary school attendance does not breach parents' right to raise their children in accordance with their religious and philosophical beliefs.

Normative references

Art. 2 Prot. No. 1 ECHR


1. The second sentence of article 2 of the first additional Protocol of the ECHR must be read together with the first, which establishes everyone's right to education. It is on this fundamental right that the parents' right to respect for their religious and philosophical beliefs is based. Therefore, respect is due only to the beliefs of parents who are not in conflict with the child's right to education, since the entire Article 2 of the first additional Protocol of the ECHR is dominated by its first sentence. This means that parents cannot refuse their child the right to education because of their beliefs.

2. Although home education allows children to acquire the same standard of knowledge provided by primary school, other important objectives related to the right to education, such as social integration, could only be achieved by children by attending school. The imposition of compulsory school attendance does not deprive parents of their right to exercise the role of educators or to guide their children on a path in line with their religious or philosophical beliefs.