European Convention on Human Rights (ECHR)
"WHAT IS THE ECHR?"
The ‘European Convention on Human Rights’ (ECHR) is an international treaty that protects fundamental human rights and freedoms in Europe. The UK had signed this treaty and is currently a party to the ECHR. As a party to the ECHR, all public bodies in the UK are required to abide by the Convention articles.
The ECHR also created the European Court of Human Rights (ECtHR). Any person who feels that his or her Convention rights have been violated by a Member State can take their case to this court.
"WHAT IS PROTECTED BY THE ECHR?"
The ECHR guarantees certain rights and prohibits certain acts.
The rights guaranteed are as follows:
The acts prohibited are as follows:
"HOW DOES THIS RELATE TO SEN?"
Article 2, Protocol 1 of the ECHR is of particular importance to the area of SEN. It stipulates that no one should be denied the right to education and that the State should respect the right of parents to ensure that this education is aligned with their own religious and philosophical beliefs. This implies that public bodies in the UK – Local Authorities and schools – need to ensure that all children with SEN receive an effective education.
Article 14 prohibits discrimination in the enjoyment of the rights and freedoms set forth in the ECHR. Thus, where a child is discriminated against and denied access to an effective education on the basis of their disability or SEN, they may be able to challenge the decision via this article.
The ‘European Convention on Human Rights’ (ECHR) is an international treaty that protects fundamental human rights and freedoms in Europe. The UK had signed this treaty and is currently a party to the ECHR. As a party to the ECHR, all public bodies in the UK are required to abide by the Convention articles.
The ECHR also created the European Court of Human Rights (ECtHR). Any person who feels that his or her Convention rights have been violated by a Member State can take their case to this court.
"WHAT IS PROTECTED BY THE ECHR?"
The ECHR guarantees certain rights and prohibits certain acts.
The rights guaranteed are as follows:
- The right to life
- The right to liberty and security of person
- The right to a fair trial
- Respect for private and family life, home and correspondence
- The right to marriage
- The right to freedom of expression
- Freedom of peaceful assembly and association
- The right to peaceful enjoyment of possessions
- The right to education
- The right to free elections
- Liberty of movement and freedom to choose where to live
- Right to an effective remedy
The acts prohibited are as follows:
- Torture and inhuman or degrading treatment
- Slavery, servitude and forced labour
- The death penalty
- Retrospective conviction
- Discrimination in the enjoyment of rights and freedoms guaranteed by the Convention
- Expulsion of a state’s own nationals or denying them entry, and the collective expulsion of foreigners
- Procedural safeguards also protect foreigners under threat of expulsion from a country
"HOW DOES THIS RELATE TO SEN?"
Article 2, Protocol 1 of the ECHR is of particular importance to the area of SEN. It stipulates that no one should be denied the right to education and that the State should respect the right of parents to ensure that this education is aligned with their own religious and philosophical beliefs. This implies that public bodies in the UK – Local Authorities and schools – need to ensure that all children with SEN receive an effective education.
Article 14 prohibits discrimination in the enjoyment of the rights and freedoms set forth in the ECHR. Thus, where a child is discriminated against and denied access to an effective education on the basis of their disability or SEN, they may be able to challenge the decision via this article.
For further information:
This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.
