Irfan Temel and Others v. Turkey, no. 36458/02, ECHR 2009
Citation: Irfan Temel and Others v. Turkey, no. 36458/02, ECHR 2009
Rule of thumb: Is it a violation of a person’s right to education for them to be suspended from school? No, however, they do still have to be provided with proper support for exam preparation.
Judgment:
Where people’s ‘bad behaviour’ leads them to be suspended from an educational establishment and they are completely cut off from any access to learning and the ability to obtain qualification this is a violation of the human right to education, ‘The applicants’ suspension from the university for either one or two terms, in the Court’s view, constituted a restriction on their right to education, notwithstanding the fact that they had been admitted to the university to read the subject of their choice in accordance with the results they had achieved in the university entrance examination … In the particular circumstances of the case and for the reasons stated above, the Court considers that the imposition of such a disciplinary sanction cannot be considered as reasonable or proportionate. Although, it notes that these sanctions were subsequently annulled by the administrative courts on grounds of unlawfulness, regrettably by that time the applicants had already missed one or two terms of their studies and, thus, the outcome of the domestic proceedings failed to redress the applicants’ grievances under this head. It follows that there has been a violation of Article 2 of Protocol No. 1 to the Convention’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.