The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Additional Protocol 1 Article 2
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religions and philosophical convictions.
NB – Because the right to education is framed here as a negative right (‘no one shall be denied…’), the State does not have any positive obligation to provide or subsidise a particular type of education, but if it does offer such provision or subsidy, then it must make it freely available to all.
A violation of this right can therefore only occur as a result of restriction of access to education, and not, for example, as a result of the poor quality of education provided.