G.L. v. Italy: The ambiguous role of article 14 European court of human rights in inclusive education cases
| Author | Marie Spinoy,Kurt Willems |
| DOI | 10.1177/13582291221081308 |
| Published date | 01 June 2022 |
| Date | 01 June 2022 |
| Subject Matter | Case Commentary |
Case Commentary
International Journal of
Discrimination and the Law
2022, Vol. 22(2) 192–205
© The Author(s) 2022
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DOI: 10.1177/13582291221081308
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G.L. v. Italy: The ambiguous
role of article 14 European
court of human rights in
inclusive education cases
Marie Spinoyand Kurt Willems
Abstract
In September 2020, the European Court of Human Rights (ECHR) in the case of G.L. v.
Italy found the Italian authorities in violation of their Convention obligations towards a
child with disabilities. More specifically, as they had taken insufficient action to secure the
implementation of support to which the learner had a legal right, Italy had violated its
obligations under Article 2 of the First Protocol to the European Convention on Human
Rights (‘FP’, right to education) combined with Article 14 European Convention on
Human Rights (‘ECHR’, prohibition of discrimination) (para. 70). The judgment appears to
be a cause for joy amongst those advocating for inclusive education. Yet the ECtHR’s
current reasoning might not only herald positive developments in this area. In line with
some previous cases, the Court uses Article 14 as a stepping stone for the state obligation
to provide inclusive education. In considering reasonable accommodations through the
lens of inclusive education, the Court conflates the two analyses. These entangled an-
alyses under Article 14, as applied in G.L. and in the prior judgement of Stoian, could
create negative incentives for states to draft legal provisions concerning inclusive edu-
cation and take the necessary steps for implementation there.
Keywords
inclusive education, discrimination based on disability, article 14 ECHR, article 2 protocol
1 to the ECHR, European court of human rights, UN convention on the rights of persons
with, disabilities
Leuven Centre for Public Law, KU Leuven University, Leuven, Belgium
Corresponding author:
Marie Spinoy, Leuven Centre for Public Law, KU Leuven, Tiensestraat 41, Leuven 3000, Belgium.
Email: marie.spinoy@kuleuven.be
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