Europe's Schoolhouse Gate? Strasbourg, Schools, and the European Convention on Human Rights

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LEISURE Patrick Casey

Year of publication 2023
Type Article in Periodical
Magazine / Source Stanford Journal of International Law
MU Faculty or unit

Faculty of Law

Web open access časopisu
Keywords European Court of Human Rights Schools; Judges; Council of Europe; Education
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Description Yale law professor Justin Driver's 2018 book, The Schoolhouse Gate, argues that American public schools have served as the most important sites of constitutional conflict in United States history. This Article, inspired by Driver's work, argues that primary and secondary schools similarly serve as some of the most significant forums of human rights conflict in the Council of Europe. In support of this argument, the Article adopts a two-tiered analysis. The first is court-centric, focusing primarily on the jurisprudence of the European Court of Human Rights involving schools. The second is society-centric and homes in on the crossroads at which the European Court of Human Rights, schools across the Council of Europe, and European societies meet. By making the above claim regarding the centrality of schools, this Article hopes not only to spur on further discussion about human rights within Europe's schoolhouse gate, but also to deepen the conversation regarding how schools as institutions interact with European supranational human rights protections.
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