17 years ago, the Human Rights Act became law in the UK and we think that's worth celebrating!

To mark the occasion, over 17 days we are 'unwrapping' the Human Rights Act - with information & stories, we'll be sharing how the Act works and how it makes a difference. Many of the stories include examples taken from BIHR's work with people, community groups and public services.

Article 2, Protocol 1: Right to education

The Human Rights Act protects the right to education. 

The Human Rights Act protects our right to an effective education within the UK's existing educational institutions. It relates to primary, secondary and higher education.

Religious and philosophical convictions of parents should be considered however this is not an 'absolute' right. This means a school does not have to adhere exactly to what the parents wish as long as this can be objectively and reasonably justified. The curriculum set by an education authority must be objective and pluralistic so that parents religious or philosophical convictions are respected. 

In real life: Right to education

Chrisann Jarett had been lawfully resident in the UK since she was 8 years old. When the time came to take her place studying Law at London School of Economics she found that changes to student loans made by parliament in 2011 meant she was not eligible for a student loan and was instead classified as an ‘international student’. This incurs higher tuition fees and means you cannot access the student loan scheme.

She was not the only one in this situation. Together with other young people frustrated by the system they started a campaign called ‘Let Us Learn’. They pushed for a change in this law that was stopping them from studying and in July 2015 they won a case that would pave the way for other migrants resident in the UK to have access to student loans.

Lady Hale, now President of the Supreme Court, presiding over the case found the Secretary of State for Business in breach of the Human Rights Act right to education and the right to non-discrimination. This meant the appellant could now access student loans and be charged ‘home’ tuition fees.

Chrisann had already been awarded a full scholarship for LSE at the time, but continues to advocate for more migrants and young people who have difficulty accessing the education system.

(R (Tigere) v Secretary of State for Business, Innovations and Skills [2015] UKSC 57)

You can read more about Chrisann's campaign on the blog she wrote for us https://www.bihr.org.uk/Blog/15doa-oct16