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Resolution 1904 (2012) Final version
The right to freedom of choice in education in Europe
1. The Parliamentary Assembly points
out that the effective enjoyment of the right to education is a necessary
precondition to enable every individual to fully develop and carry
out his or her role in society. In order to guarantee the fundamental
right to education, every education system must ensure equal opportunities
and provide high-quality education for all pupils, seeking to transmit
not only the knowledge required to enable them to find employment
and play a full part in society, but also the values nurturing the protection
and promotion of fundamental rights, democratic citizenship and
social cohesion. In this respect, public authorities (at national,
regional and local level) have a fundamental and irreplaceable role
which they accomplish in particular through a network of educational
institutions that they run (hereafter “public-run schools”).
2. It is on the basis of the right to education as explained
above that the right to freedom of choice in education should be
understood. This right, which is intimately linked to freedom of
conscience, is enshrined in Article 2 of the Protocol to the Convention
for the Protection of Human Rights and Fundamental Freedoms (ETS
No. 9). It carries with it the obligation for all Council of Europe
member States, in the exercise of their functions in the field of
education and teaching, to “respect the right of parents to ensure
such education and teaching in conformity with their own religious
and philosophical convictions”, in so far as these are compatible with
the fundamental values of the Council of Europe.
3. The Assembly welcomes the fact that the right to freedom of
choice in education is recognised in the constitutions and laws
of most Council of Europe member States. It considers that, within
a sound national legal framework, schools which are not run by public
authorities ( hereafter “private schools”, irrespective of terminology
and specific arrangements in different countries) can foster the
development of high-quality education and bring the education possibilities
available into line with families’ demands.
4. Accordingly, the Assembly recommends that the Council of Europe
member States:
4.1. uphold the role
of public authorities in the field of education and the availability
of public-run schools in all parts of the country, as well as the
principle of State neutrality and pluralism in the national education
system;
4.2. ensure the viability and quality of the network of public-run
schools;
4.3. recognise clearly in law, where this has not already been
done:
4.3.1. the right to establish and run private schools,
at least at primary and secondary level;
4.3.2. the possibility for these schools to be part of the national
education system;
4.3.3. the possibility for their pupils to obtain the same qualifications
as those awarded following the successful completion of studies
in public-run schools;
4.4. ensure that this recognition is subject only to objective,
fair and non-discriminatory conditions;
4.5. guarantee, through these conditions, the standards applicable
to private schools and a system of regular inspections, accreditation
processes and quality assurance assessments, that:
4.5.1. the
content of the curricula and the teaching methods are not based
on conceptions or do not advocate attitudes which conflict with
the values of the Council of Europe;
4.5.2. no aspect of the school environment violates the rights
of children, and in particular their dignity and physical and psychological
integrity;
4.5.3. private schools do not encourage, through the message
they deliver or the policy they implement, communitarian segregation;
4.5.4. pupils are provided with suitable and secure premises;
4.5.5. the quality of teaching complies with the standards applied
to public-run schools;
4.5.6. the nurturing of critical thinking and cultural openness
are an integral part of any educational project.
5. The Assembly recommends that the Council of Europe member
States, while guaranteeing the viability and quality of the network
of public-run schools, ensure that sufficient funding is made available
to allow all children to access statutory education provision in
private education establishments if sufficient provision is not available
within the public-run school sector.
6. Finally, the Assembly recommends that the Council of Europe
member States:
6.1. carry out as
soon as possible the analyses required to identify the reforms needed
to effectively guarantee the right to freedom of choice in education;
6.2. ensure the gradual implementation of these reforms at
each level of government concerned (central government, regions
and local authorities) in line with the competencies of each level,
in order to achieve the desired systemic improvements within a reasonable
time, with due regard for the necessary budgetary implications.