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eu-charter

EU Charter of Fundamental Rights

Article 14 - Right to education

Article 14 - Right to education

1. Everyone has the right to education and to have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory education.
3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

    • Text:

      1. This Article is based on the common constitutional traditions of Member States and on Article 2 of the Protocol to the ECHR, which reads as follows:

      "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 religious and philosophical convictions."

      It was considered useful to extend this right to vocational and continuing training (see point 15 of the Community Charter of the Fundamental Social Rights of Workers and Article 10 of the Social Charter) and to add the principle of free compulsory education. As it is worded, the latter principle merely implies that as regards compulsory education, each child has the possibility of attending an establishment which offers free education. It does not require all establishments which provide education, in particular private ones, to be free of charge. Nor does it exclude certain specific forms of education having to be paid for, if the State takes measures to grant financial compensation. Insofar as the Charter applies to the Union, this means that in its training policies the Union must respect free compulsory education, but this does not, of course, create new powers. Regarding the right of parents, it must be interpreted in conjunction with the provisions of Article 24.

      2. Freedom to found public or private educational establishments is guaranteed as one of the aspects of freedom to conduct a business but it is limited by respect for democratic principles and is exercised in accordance with the arrangements defined by national legislation.

      Source:
      Official Journal of the European Union C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

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    • The Basic Law on the General Rights of Nationals
      Country:
      Austria

      Article 17(1) Knowledge and its teaching are free. (2) Every national who has furnished in legally acceptable manner proof of his qualification has the right to found establishments for instruction and education. (3) Instruction at home is subject to no such restriction. (4) The Church or religious society concerned shall see to religious instruction in schools. (5) The right to supreme direction and supervision over the whole instructional and educational system lies with the state. Article 17aArtistic creativity as well as the dissemination of art and its teaching shall be free.Article 18Everyone has the right to choose his vocation and to train for it how and where he wishes.

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