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X. and Y. v. United Kingdom, dec., No. 9461/81, ECommHR (Plenary), 7 December 1982

Abstract

The contracting State’s choice not to subsidise private schools with particular philosophical or religious settings does not breach art. 2 of the first additional Protocol of the ECHR.

Normative references

Art. 2 Prot. No. 1 ECHR

Ruling

States are not obliged to subsidise a particular form of education in order to respect the religious and philosophical convictions of parents. It is sufficient for the State, in order to comply with its obligations under article 2 of the additional protocol, to evidence respect for the religious and philosophical beliefs of parents within the existing and developing system of education. Therefore, 
the choice of the Contracting State not to subsidise private schools with particular philosophical or religious settings (in this case the Rudolf Steiner School, inspired by the anthroposophical movement) and not to provide any grant to parents who send their children to this school at their own expense does not violate the provisions of art. 2 of the first additional Protocol to the ECHR.