B.N. and S.N. v. Sweden, dec., No. 17678/91, ECommHR (Second Chamber), 30 June 1993

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, as provided by art. 2 of the first additional Protocol of the ECHR.

Art. 2 Prot. No. 1 ECHR


1. The second sentence of article 2 of the first additional Protocol to 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 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, which means that parents cannot refuse their child the right to education based on 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 attending school. Therefore, 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.