1. <LI value=7>[align=left]
    1. <LI value=7>According to the express terms of Article 8 (1) (art. 8-1) of the Convention, "everyone has the right to respect for his private and family life, his home and his correspondence".

      This provision by itself in no way guarantees either a right to education or a personal right of parents relating to the education of their children: its object is essentially that of protecting the individual against arbitrary interference by the public authorities in his private family life.
      However, it is not to be excluded that measures taken in the field of education may affect the right to respect for private and family life or derogate from it; this would be the case, for instance, if their aim or result were to disturb private or family life in an unjustifiable manner, inter alia by separating children from their parents in an arbitrary way.
      As the Court has already emphasised, the Convention must be read as a whole. Consequently a matter specifically dealt with by one of its provisions may also, in some of its aspects, be regulated by other provisions of the Convention.
      The Court will therefore examine the facts of the case in the light of the first sentence of Article 2 of the Protocol (P1-2) as well as of Article 8 (art. 8) of the Convention.
    2. According to Article 14 (art. 14) of the Convention, the enjoyment of the rights and freedoms set forth therein shall be secured without discrimination ("sans distinction aucune") on the ground, inter alia, of language; and by the terms of Article 5 of the Protocol (P1-5), this same guarantee applies equally to the rights and freedoms set forth in this instrument. It follows that both Article 2 of the Protocol (P1-2) and Article 8 (art. 8) of the Convention must be interpreted and applied by the Court not only in isolation but also having regard to the guarantee laid down in Article 14 (art. 14+P1-2, art. 14+8).
    3. While it is true that this guarantee has no independent existence in the sense that under the terms of Article 14 (art. 14) it relates solely to "rights and freedoms set forth in the Convention", a measure which in itself is in conformity with the requirements of the Article enshrining the right or freedom in question may however infringe this Article when read in conjunction with Article 14 (art. 14) for the reason that it is of a discriminatory nature.
      Thus, persons subject to the jurisdiction of a Contracting State cannot draw from Article 2 of the Protocol (P1-2) the right to obtain from the public authorities the creation of a particular kind of educational establishment; nevertheless, a State which had set up such an establishment could not, in laying down entrance requirements, take discriminatory measures within the meaning of Article 14 (art. 14).
      To recall a further example, cited in the course of the proceedings, Article 6 (art. 6) of the Convention does not compel States to institute a system of appeal courts. A State which does set up such courts consequently goes beyond its obligations under Article 6 (art. 6). However it would violate that Article, read in conjunction with Article 14 (art. 14+6), were it to debar certain persons from these remedies without a legitimate reason while making them available to others in respect of the same type of actions.
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