Hotărârea Curţii Europene a Drepturilor Omului în cauza Flămînzeanu împotriva României

Abstract

The right to education is not an absolute right, it can be limited by the states by adopting a national law having a legitimate aim, as long as the measures adopted respect the principle of proportionality, are predictable and do not affect the essence of the right to education. In this case, the European Court of Human Rights emphasized that although the right to education does not impose on the state the obligation to organize special education structures, the state has the obligation to ensure the access of all persons to the structures and institutions already existing in the national education system. In the case presented to the Court, the Romanian state did not take the necessary measures to ensure that the limitation of access to education has a legitimate objective and respects the principle of proportionality, being thus in violation of Article 2 of Protocol No. 1 to the Convention.

Keywords

• right to education
• principle of proportionality