2007-09-10, verzoekschrift

English Summary
15.26 Dutch system of law is inadequate to garentee the right on education as given in article 2
First Protocol of the Convention:
Article 2 . Right to education
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
There is no secondary school in the Netherlands that will admit (pupils like) Sterre after
she left the primary school. Because no other options are available in the Netherlands
Sterre has been enrolled in schools in London from 2005 onwards.
The violation of article 2 First Protocol of ECHR is as a consequence of failing law,
putting into effect and administration of justice. The legislator fails because there is no
garentee on education for everybody. The power and responsability to decide upon
applications is left as a responsability for the individual boards of governors. In the
judgement Campell and Cosans (25 February 1998. appl.nr. 7511/76 and 7743/76) the
Court points out that States cannot dispose of their obligations given in article 2 First
Protocol of the Conevention. Furthermore funding from the LGF appears to be
inadequate.
The carrying into action appears to be inadequate for the integration of disabled students.
No relevant policy exists in schools and no sanctions are in force if schools fail to have
such a policy. Teachers are inadequately trained to teach SEN-pupils. Parents are left to
their fate.
The ACTB and court act on non-statutury and non clear criteria judging decisons about
admissions by boards of governors. It is hard to see this else as a noncommittal decisionmaking
as seen by the ECRM in the case Mürsel Eren (7 feb 2006 (appl.nr. 60856/00).
Furthermore the ACTB and court don’t consider the interests of the child as a matter of
importance. This is a violation of article 3 first paragraph of the Convention on the Rights
of the Child. This makes extortion of the right on education extremily difficult. This
complex of legislation, putting into effect and administration of justice is a violation of
article 2 First Protocol of the Convention. An example of a similar violation is given in
the case Broniowski of 22 June 2004 (appl.nr. 31443/96) regarding article 1 First Protocol
(right on property). In this case the ECHR chooses to consider the legislation, policy or
lack of policy as one violation “regardless of whether that conduct may be characterised
as an interference or as a failure to act, or a combination of both”
Less than half of the special schools meets standards. In 2006 for 5300 children even
special education was not available and they were put in Child Day Care Centre’s.
Ploeger en Brouwers - Staat der Nederlanden blz 35 / 478