Ponomaryovi v. Bulgaria, No. 5335/05, ECtHR (Fourth Section), 28 November 2011

The obligation to pay school fees, if justified only by the status of immigrant, creates a discriminatory treatment detrimental to the right to education as protected by the ECHR.

Art. 2 Prot. No. 1 ECHR
Art. 14 ECHR

Although the Contracting States have a wide margin of discretion in relation to the measures to be taken in the economic and social sector, there must be important reasons for a difference of treatment based exclusively on nationality to be considered compliant with the ECHR. In particular, since education, unlike other public services, is a right that enjoys direct protection by the ECHR and is a fundamental right for the realisation of a pluralist and democratic society, a difference in treatment in this sector imposes even more careful monitoring by the ECtHR. Therefore, the obligation to pay school fees, imposed on a student solely on the basis of his immigrant status, represents a discriminatory treatment, detrimental to the combined provisions of art. 14 ECHR and art. 2 of the first additional Protocol to the ECHR.