Valsamis v. Greece, No. 21787/93, ECtHR (Chamber), 18 December 1996


The disciplinary measure of suspension ordered by the school authority against the student who refuses to participate in a school moment commemorating a war event does not violate art. 2 of the first additional Protocol to the ECHR.

Art. 2 Prot. No. 1 ECHR

It cannot be considered illegitimate a disciplinary measure of suspension ordered by the school authority against the student who refuses to participate in a national commemoration, by not taking part in a school parade contextual to a military parade, in which ecclesiastical authorities are also present, and which is followed by a celebratory liturgy. Such commemorations of national events serve, in their way, both pacifist objectives and the public interest and the presence of military representatives at some of the parades does not in itself alter the nature of the parades. The obligation to take part in the school parade doesn’t offend the religious and pacifist beliefs of the parents, who, as Jehovah's Witnesses have pacifist beliefs. Therefore, the disciplinary measure of suspension  does not constitute a violation of Article 2 of the Additional Protocol to the ECHR.

According to the dissenting opinion of the judges Thor, Vilhjalmsson, Jambrek the parents' perception of the symbolism of the school parade and its religious and philosophical connotations must be accepted by the Court, unless it is patently unfounded and unreasonable.