Jun 092009
 

A commenter at the Devil’s Kitchen, who obviously couldn’t be bothered follow the link over here to leave his correction, says:

I appreciate your position, but Bella’s interpretation of Protocol 1 Article 2 of the ECHR (which she calls a ‘charter’) (and thus the Human Rights Act) is incorrect- and I wouldn’t want you to be misinformed by it (and I’m not suggesting that it is).

It is actually a reinforcement of a negative right, rather than a positive – ensuring that citizens have a right not to be denied an education. It certainly doesn’t compel subscribing states to provide an education.

The protocol doesn’t provide for “the right to an education”, nor does the Human Rights Act itself.

On the issue of healthcare , the convention doesn’t even mention the subject, so that straw man is knocked down. Only health is mentioned in the context of public authorities not interfering with the rights set out by the convention except for where the protection of health requires it.

He is right; I was thinking of, not the European Convention on Human Rights, but the UN’s Universal Declaration of Human Rights, which says amongst other things (emphasis mine):

Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 25
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Article 26
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages Elementary education shall be compulsory Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

And so I stand corrected.

  One Response to “A correction”

  1. […] Errata here. Possibly related posts: (automatically generated)A Salute To Our U.S. ConstitutionStand Up for the […]

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