Right to education (Article 2 of Protocol No. 1)
II. RELEVANT DOMESTIC LAW AND PRACTICE 47. The relevant provisions of the Education Act 1998 are cited above. 48. The requirement for parents to give reasons for an application for a partial exemption is described in the citations from Circulars F-90-97 and F ‑ 03-98, reproduced in the Supreme Court ’ s judgment in paragraph 42 above. The latter circular also contained the following passages, which are of relevance for the present case. “ 4. Solution: differentiated teaching and local adjustment of the Curriculum 4.1. Adjusted teaching and local work on the Curriculum as an underlying principle Section 13 (10) of the Compulsory School Act provides that a school that receives notification concerning an exemption shall as far as possible, and especially at the primary- school level, seek solutions by providing for ‘ differentiated teaching within the Curriculum ’. The differentiated teaching mentioned in the Act is closely related to the adaptation of teaching principle that is generally emphasised in the School Curriculum [ Læreplanverket, L97 ] and embodied in section 7 of the Compulsory School Act. In the principles and guidelines, importance is attached to the principles of community and adjustment within the unified school system framework. Formulations there include the following: Individual adjustment is necessary to ensure that equivalent provision is made for all pupils. For this purpose, all aspects of the school course – syllabus, working methods, organisation and teaching aids – must be adjusted in accordance with the pupils ’ capabilities. It is further stated that this opens up opportunities for different treatment and depth of study of the syllabus, and for variations in kinds of material, difficulty, quantity, speed and progression ( see L97/L97S). ... 4.2. Differentiation within the KRL syllabus – differentiation of activities, not of knowledge According to the statute, a school that receives notification concerning an exemption shall seek solutions in which provision is made for differentiated teaching within the Curriculum. The municipal obligation to provide differentiated teaching applies as extensively as possible and particularly at the primary- school stage. The reasons for the statute state that the differentiated teaching shall be provided according to the same curriculum, and is not to be differentiation of knowledge but differentiation of activities. Since there is no exemption from knowledge of the subject, pupils with an exemption shall receive instruction within the framework of the curriculum. In cases to which partial exemption applies, the alternative is not another subject or another curriculum, but other activities and other ways of working with the KRL syllabus. The school must convey the knowledge in question to the pupils by means of a different methodological approach. Exemption can nevertheless be granted from certain main topics which entail specific activities. An example is the main topic in which pupils are required to learn the Ten Commandments by heart ( Christian faith and ethics, sixth grade). One cannot, however, be exempted from knowing about the Ten Commandments. The differentiated course of instruction must have regard for the pupils ’ religious or philosophical background, and help as far as possible to ensure that all pupils have worked with the same areas of knowledge in the grade in question, but using adjusted working methods. How great the need for differentiation is depends locally on – which religious or philosophical groups the parents belong to, and – what kinds of activity they request exemption from. ... 6. Differentiation in encounters with specific activities The Guide to the KRL subject contains an introduction to ways of working with the subject, and also deals with the questions discussed below. Some of the questions are dealt with more exhaustively here however. See also the concrete examples for each school year given in the guide. We give examples below of how to work with various activities, and take up other questions that may arise: 6.1. Prayers, creed, and other important religious texts Some activities – such as learning by heart and reciting creeds, commandments and prayers (LS97, pp. 96 and 101, and L97S, pp. 101- 09) may be perceived by some parents and guardians as the exercise of and/or adherence to a particular religion. When notification is given concerning an exemption from such activities, the school will offer differentiated instruction to enable the pupil to work with that kind of material in a different way. If the parents find this satisfactory, they can choose to allow their children to be present when prayers or creeds from other religions are recited, provided the children are helped to maintain the necessary distance from the material and from what is taking place (see in this connection the section above on the roles of participant and spectator). Such activities can also be scheduled for individual working periods and for work in groups in which different approaches to the material are adopted. 6.2. Hymn singing While arrangements are made for pupils who belong to the Christian tradition to sing hymns and to gain insight through that activity into an important feature of their religious and cultural tradition, necessary regard must be had for pupils who do not belong to that tradition. Hymn singing can also take place outside the Christian knowledge and religious and ethical education periods, for instance in music periods. Hymns can be incorporated into song periods, when they are placed in their musical context and seen as an important part of our sung cultural heritage. Pupils who have been granted an exemption for hymn singing must be given other ways of working with hymns, as the case may be in separate groups. They can for instance listen to a hymn and be given such assignments as what is the hymn text about? Can you relate the content of the hymn to a particular festival, and if so, why? Why is this hymn important within the Christian tradition? Another possibility would be to use hymns and songs as a theme for project work, involving looking more closely at songs, hymns and music and their functions in the different religions. See also the Guide to the KRL subject, p. 23. 6.3. Attendance at rituals/visits to churches or other religious assembly buildings Some parents may wish to have their children exempted from entering a church or other centre of divine worship whatever the connection. Others will distinguish between attending a divine service or the like, and being in a church or other religious assembly building on an excursion in a teaching situation. Whatever position the parents may take, cooperation between schools and homes is of major importance whenever such visits are scheduled. Excursions In the fourth grade, pupils are to be made acquainted with the lay-out, fixtures and furnishing of churches and with certain important Christian symbols ( programme item: Christian festivals, religious symbols, the life of the local Christian congregation ). Most pupils will acquire this knowledge by means of pedagogically arranged excursions to the local church. The focus is on the informative and objective aims. Information may for instance be conveyed relating to the church building, church decoration, symbols, and the functions of various objects. Some parents/guardians may request exemption for their children from participation in such excursions because a visit to a church is regarded as participation in a religious activity. For pupils who cannot visit a church, for instance, arrangements must be made for other activities and assignments at school. These should relate to the same area, so that the pupils are given access to parts of the same knowledge as they would have acquired on a church visit. Assignments can, for instance, be given relating to information booklets, if any, publications concerned with local history, or drawings, or pictures and posters showing or concerning the church in question. See the example on p. 44 of the Guide to the KRL subject. School services The description of the aims of the primary- school stage (L97, p. 94, and L97S, p. 100) states that pupils should visit a church in the local community and attend a divine service. It is emphasised that such attendance is part of the school ’ s teaching (not an element of the church ’ s baptismal preparation). Some pupils who belong to traditions other than the Christian tradition may seek exemption from participation, for instance in a school service and the related activities. Such pupils must be offered differentiated teaching. If the pupils are present at the service, this can be arranged by, for instance, assigning them to observe the functions of the various stages of the liturgy in relation to the whole, to note how the hymns relate to the main theme of the service, or to see whether/how images, colours, texts and music all help to shed light on the theme of the service. Other parents may notify complete exemption from any attendance at a divine service. Those pupils must be made acquainted with the Christian service by means other than attendance, for instance through classroom teaching with a focus on pictures, music and texts. What has been said here about church visits can also apply to visits to mosques, synagogues, temples or other houses of religious assembly. Illustration and the prohibition of images See the more detailed discussion on p. 22 of the Guide to the KRL subject. Especially challenging stories, parallel figures See the more detailed discussion on pp. 30, 32, 50 and 52 of the Guide to the KRL subject. 6.4. Other areas The Ministry has received questions concerning other aspects of the course in Christian knowledge and religious and ethical education, including: Dramatisations Plays, mime and dramatisations can contribute to sympathetic insight into the teaching material and to unity among pupils. Such approaches can at the same time involve the kinds of activity from which some parents/guardians wish to have their children exempted. This could for instance apply to dramatisations which include holy persons, such as Nativity plays. Some may argue that it is the ‘ acting part of the work ’ from which exemption is being sought. That problem can be solved by giving the pupils concerned other important tasks connected with the dramatisation. Sets have to be constructed; lighting and sound need to be planned, set up and tested; programmes need to be prepared. An announcer and narrators are needed. Journalists are needed to interview the active participants in the programme, to describe the activities, and to edit the class newspaper for publication after the performance. These are some of the important assignments that can be carried out by pupils who are not going to have tasks relating directly to the dramatisation. These are also means whereby they can be naturally integrated into the class community, while at the same time having the opportunity to adopt a spectator ’ s stance with regard to the material being presented and its mode of presentation. Other parents may say that their children are not to be included either in the dramatisation or in work connected with it. This must be respected, and other assignments must be prepared for those pupils. ... 7. Cooperation between schools and homes – openness and objectivity If parents are to feel confident that teaching in the subject does not conflict with their own convictions, close cooperation between schools and homes is necessary. On the basis of knowledge of the religious and philosophical backgrounds of parents, teachers can endeavour to plan their teaching so as to reduce the need for exemption to a minimum. A teaching plan for the subject should be drawn up as early as possible. In the plan the school should describe the offers of differentiation that are generally made in connection with different religious and philosophical backgrounds. When the plan is presented to the parents, it gives them the opportunity to consider the need, if any, for exemption from particular activities. To request partial exemption, parents must send written notification to the school. They must state which activities in the school ’ s teaching they perceive as the exercise of another religion or adherence to another philosophy of life. Parents should then decide whether to opt for the general offer of differentiation, if the school has made such an offer, or, in addition, if appropriate, ask for a more individually adapted offer of differentiation. By means of the dialogue established in this connection between homes and schools, the specific teaching provisions for the pupils can be determined. If parents notify the school that they want an exemption from the distinctly religious activities, described in the reasons for the legislation as ‘ reciting creeds or prayers, learning religious texts by heart, taking part in hymn singing, and attending rituals or divine services in different congregations ’ such notification will apply in general to that type of activity. A new notification for each individual religious activity is thus not necessary. In the cooperation between schools and homes, school staff must show respect for the fact that pupils have different religious backgrounds. Special attention must be paid to this in contacts with linguistic and cultural minorities. 8. Administrative procedures Municipal decisions concerning notifications of exemption are individual decisions under the Public Administration Act, and can accordingly be appealed to National Education Offices in accordance with section 34 (3) of the Compulsory School Act. A municipality can delegate its decision-making authority to the school principal. Matters must be considered in sufficient depth before decisions are taken; see section 17 of the Public Administration Act. ... 10. Textbooks as one of several teaching aids in the subject The Ministry wishes to emphasise that it is the Curriculum that is binding on the teaching, not the textbooks. The textbooks on the subject are only one of several teaching aids that can be used to achieve the aims of the subject. The textbooks used in compulsory school must be approved. Even if a textbook has been approved, there is a risk that it contains errors. When teachers have their attention called to possible errors in textbooks, they must look into the matter more closely so that the teaching given is correct. Although the regulatory special review of books on the subject has been revoked ( section 4 of the former textbook regulation), the Ministry notes that the arrangement for the review of textbooks will be continued. The textbooks will be considered by religious and philosophical communities, among others, to ensure that the religions and philosophies of life are presented in accordance with their distinguishing characteristics.” 49. Norway ’ s Ten-Year Compulsory Schooling Curriculum, issued by the Ministry in 1999 ( referred to as “the Curriculum” ) stated: “The study of the subject is intended to give pupils a thorough insight into Christianity and what the Christian view of life implies, as well as sound knowledge of other world religions and philosophies. Important items in the Curriculum are accordingly the classical Bible stories and other biblical material, the main lines of development and major personalities in the history of Christianity, and the fundamentals of the Christian faith and Christian ethics. The subject also comprises the principal features of other living religions and philosophies of life and some of the major questions raised in philosophy and general ethics concerning the nature of man. The same pedagogical principles should be applied in the teaching of Christianity and in that of the other religions and orientations. The subject must be approached openly and contribute to insight, respect and dialogue across the boundaries between faiths and philosophies, and promote understanding and tolerance in religious and moral questions. The classroom is no place for the preaching of any particular faith. The subject gives knowledge about a faith, not instruction in it. It must also sustain the individual pupil ’ s sense of identity and cultural attachment, while at the same time furthering dialogue within a shared culture. In order to meet different faiths and views of life with understanding, one needs to be able to place them in a context that is already familiar. The subject thus has various functions in compulsory school: to transmit a tradition, to maintain a sense of identity, and to build bridges which give insight and promote dialogue. ... The structure of the subject The primary stage The intermediate stage The lower secondary stage Bible study Well-known stories from the Bible Major narratives in the Bible Biblical genres, the Bible as Scripture, Bible History History of Christianity Important single episodes Early history: trends, persons, cultural expressions Modern History: trends, person, cultural expressions Contemporary Christian view of life Festivals, symbols, Christianity in the community Christian faith and ethics Christian Confessions, similarities and differences Other religions Other religions and orientations, stories and festivals Islam, Judaism, Hinduism, Buddhism, Secular orientation Religious expressions in our time Ethics/philosophy Ethical awareness: mine and yours, me and others Ethical awareness: values and choices Philosophical interpretations of man: values and norms Because the subject is new and intended for all pupils, it is essential that parents and pupils of different persuasions are well acquainted with the syllabus and its contents. To reassure parents with regard to the contents of the syllabus, importance has been attached to formulating the syllabus so that parents will find it easy to see what subject matter pupils will be encountering at the various stages. ” 50. The Curriculum set out the general aims of the subject and listed the objectives and main subject elements for grades 1 to 4, 5 to 7 and 8 to 10. The general aims of the subject were described as: “ • to make pupils thoroughly acquainted with the Bible and with Christianity as cultural heritage and as a living source of faith, morality, and a view of life; • to make pupils familiar with the Christian and humanist values on which school education is based; • to acquaint pupils with other world religions and orientations as living sources of faith, morality, and views of life; • to promote understanding, respect and the capacity for dialogue between people with different views on questions of faith and ethical orientation of life; and • to stimulate pupils ’ personal growth and development. ” After setting out the objectives for grades 1 to 4, the Curriculum listed the main subject elements for these grades, each of which comprised the following titles : “Biblical narrative”; “ Narrative material from Church history ”; “Christian festivals, religious symbols, and the life of the local Christian community”; “Development of moral awareness: Me and others”. As to “ Other religious and ethical orientations” it included “Judaism”, “Islam”, “Hinduism”, “Buddhism”, “Humanism” and “Greek mythology”. The Curriculum further set out the subject- related objectives for grades 5 to 7, which included this passage: “ Christian faith and ethics Pupils should learn the fundamentals of the Christian faith and Christian ethics in the light of the positions taken in Luther ’ s Small Catechism. Other religions Pupils should study the main features of and important narratives from Islam, Judaism, Hinduism, and Buddhism. Secular orientations Pupils should know about secular orientations, the development of the humanist tradition, and the modern humanist view of life.” The main subject elements for grades 5 to 7 encompassed : “Bible History”, “Early history of Christianity” (“the Middle Ages” for grade 6, and “the Reformation period” for grade 7), “Christian faith and ethics”. As to “Other religions”, the subject included “Islam” for grade 5, “ Judaism ” for grade 6, and “ Hinduism ” and “ Buddhism ” for grade 7. In addition, grades 5 to 7 contained elements for “Development of moral awareness: Values and choices” and “Secular orientations”. For grade 6 it was stated, inter alia : “ Christian faith and ethics Pupils should have the opportunity to – learn the Ten Commandments by heart and be acquainted with the ethical ideals underlying the Sermon on the Mount; – learn something of how these fundamental ethical texts have been used in the history of Christianity and how they are applied today. ” There was no equivalent in the list of items to “become acquainted with” in regard to “Other religions, Judaism”. After indicating the subject- related objectives for grades 8 to 10, the Curriculum listed the main subject elements, namely, “The history of the Bible, literary genres in the Bible”; “The modern history of Christianity”; “Various contemporary interpretations of Christianity”; “Religious expressions in our time”; and “ Philosophical interpretations of man, values and norms”. COMPLAINTS 51. The applicant parents complained that the refusal of the competent domestic authorities to grant their children a full exemption from the KRL subject violated the parents ’ rights under the Convention. The children ’ s compulsory attendance at religious instruction unjustifiably interfered with their parents ’ right to freedom of conscience and religion under Article 9 of the Convention. It further violated the parents ’ right under Article 2 of Protocol No. 1, second sentence, to ensure such education and teaching in conformity with their own religious and philosophical convictions. 52. In addition, the inconveniences resulting from the general aspects of the exercise of the right to partial exemption meant that non-Christian parents were faced with a greater burden than Christian parents, who had no reason for seeking an exemption from the KRL subject, which was designed in accordance with the premises of the majority. In their view this amounted to discrimination. Thus, there had also been a violation of Articles 8 and 9 of the Convention and Article 2 of Protocol No. 1 taken in conjunction with Article 14 of the Convention. THE LAW I. ALLEGED VIOLATION OF ARTICLE 2 OF PROTOCOL No. 1 53. The applicant parents complained under both Article 9 of the Convention and the second sentence of Article 2 of Protocol No. 1 on account of the refusals by the domestic authorities to grant their children full exemption from the compulsory KRL subject dealing with Christianity, religion and philosophy taught during the ten-year compulsory schooling in Norway. 54. The Court, leaving aside the fact that the children ’ s complaints under Article 9 of the Convention were declared inadmissible on 26 October 2004, considers that the parents ’ complaint falls most suitably to be examined under Article 2 of Protocol No. 1, as the lex specialis in the area of education, which reads: “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.” A. The parties’ submissions 1. The applicants 55. The applicants maintained that the KRL subject was neither objective, nor critical nor pluralistic for the purposes of the criteria established by the Court in its interpretation of Article 2 of Protocol No. 1 in Kjeldsen, Busk Madsen and Pedersen v. Denmark (7 December 1976, Series A no. 23). In this context they also referred to the criteria of “neutral and objective” enunciated by the United Nations Committee in Hartikainen v. Finland in relation to the corresponding provision in Article 18 § 4 of the International Covenant on Civil and Political Rights. The Curriculum’s main intention being to strengthen the pupils ’ religious identity, the legal framework with a Christian object clause, a curriculum that fully adopted a religious outlook and praised the Christian belief and tradition, together with textbooks that contained traditional Christian preaching clearly indicated, in sum, that the Curriculum was not objective. 56. The issue whether the contested Norwegian primary- school subject constituted a violation of the relevant human rights standards on freedom of religion, parental rights, freedom of privacy and prohibition of discrimination ought to be seen in the broader context of a society with an extreme Christian predominance. Norway had a State religion, a State Church, with constitutional prerogatives being afforded to the Christian (Evangelical Lutheran) Faith. There was a Christian object clause for State schools and pre - schools. There were State Church priests in the armed forces, prisons, universities and hospitals. There were daily Christian devotions and services in State broadcasting. No less than 86% of the population belonged to the State Church, the Church of Norway. 57. Nevertheless, the right to freedom of religion for non-Christians had been taken care of in different ways, inter alia, by an exemption arrangement from the previous Christian Knowledge subject in State schools. This right to a general exemption – which had been enjoyed for more than 150 years – had been repealed when the KRL subject was introduced in 1997. One of the intentions of the government was to have all pupils together in the classroom when important issues like the combating of prejudice and discrimination, or better understanding of different backgrounds, were taught. 58. The applicants did not disagree with the general intention to promote intercultural dialogue – quite the contrary, they considered that many of the aims expressed by the government upon establishing the new subject were very good ones and strongly agreed with them. The problem was that the KRL subject simply did not achieve those aims, unlike the “philosophy of life” subject which the applicants favoured. 59. Referring to the mention of religious activities in the rule on partial exemption in section 2-4 of the Education Act 1998, the applicants found it hard to understand how this could be reconciled with the requirements that the teaching be “objective and neutral” or even “pluralistic and critical”. 60. The applicants disputed the contention that the KRL subject involved only a few activities that could be perceived as being of a religious nature. The Curriculum, the textbooks that were used in schools and all the information regarding the implementation of the Curriculum indicated that the main object of the subject – to strengthen the pupils ’ own Christian foundation – was also the main thread in the tuition. The principal intention behind the introduction of the KRL subject had been to secure the religious foundation for the majority of pupils who adhered to Christianity. Otherwise the introductory provision in the Education Act 1998 would not have been formulated as an obligation for the teacher to provide tuition in accordance with the Christian object clause. 61. The relevant textbooks contained parts that could be conceived as professing Christianity. Although the textbooks had not been formally designated as part of the subject ’ s legal framework, they had acquired official status by having been controlled and authorised by an official State agency, the Norwegian Textbook Agency ( Norsk Læremiddelsentral ). 62. A cornerstone in the partial - exemption arrangement was the separation between normative and descriptive knowledge. The pupils could be exempted from taking part in certain activities, but not from knowing the contents of the activities or tuition in question. They could be exempted from reciting from the Bible, singing songs, saying prayers, etc., but not from knowing what was recited, sung, prayed, etc. The whole idea behind the exemption arrangement had been that it was possible to maintain a mental “ separation ” between knowledge and participation. It presupposed that one could “ learn ” the text ( notably prayers, psalms, Biblical stories and statements of belief) without being subjected mentally to what constituted or might constitute unwanted influence or indoctrination. However, the evaluations made of the KRL subject had shown that that distinction had not been understood in practice, not even by the teachers. The parents in these applications had explained in their written testimonies how this separation did not function with regard to their children. Thus, partial exemption had not been a possible option for them. 63. When parents claimed partial exemption from parts of the tuition other than the religious activities listed on the form, they had to give “brief” reasons for their request in order to enable the schools to consider whether the activity might reasonably be perceived as being the practice of another religion or adherence to another philosophical conviction under section 2 ‑ 4 (4) of the Education Act 1998. It was not easy for all parents to have detailed knowledge of and to single out those parts of the tuition they disapproved of and to apply for an exemption, especially when the whole structure of the KRL subject was based on a religious conception which in principle was contrary to the applicants ’ philosophy of life. 64. For the applicants, it was highly unsatisfactory that their opinions and deeply personal philosophical conviction in this area should be communicated to and examined by school teachers and administrators. Even though the parents might not have had an obligation to state formally their own personal conviction, it was likely that this would have been revealed in the reasons that they provided in order to obtain a partial exemption. In the applicants ’ experience, this had been unworthy and undignified. 65. In practice, the partial exemption application procedure would apply to non-Christian parents only. Some of them were immigrants, with little or insufficient knowledge of the Norwegian school system and language and skills in conducting a theoretical dialogue about a religion with which they were not acquainted. For the applicants, however, all being ethnic Norwegians, this was not the case. Even so, despite some having excellent oral and written communication skills and some even being well acquainted with the Norwegian school system, it had been hard for them to communicate satisfactorily with the school administration in the exemption application procedure. One difficulty had related to revealing what the parents found to be inconsistent with their own philosophy of life. Another problem had been the practical arrangement of the subject. In order to distinguish which parts of the tuition they sought exemption from, the parents had to know exactly what tuition would be offered, at what time, what parts of the textbook would be applied and what activities were to be expected. They would have to follow the Curriculum and the tuition carefully, perhaps by “ interviewing ” their child on the progress and the contents of the Curriculum step by step. Even if the themes to be taught might seem acceptable in theory, the parents would have to make enquiries into how the teacher presented the material. The evaluation reports showed that it had been very hard to obtain relevant information in good time, which had also been the experience of the applicants. 66. Moreover, as a result of the partial- exemption arrangement, the relationship between parent and child suffered. The children ’ s function as a “ go-between ” between the parents and the school and the children ’ s feeling of pressure from being different from others had caused frustration and conflicts of loyalty between the applicants and their children, as had their sense of stigmatisation. 67. The partial- exemption arrangement had not worked for the applicants, who had tried this option but without it offering a practical remedy for them. The arrangement had implied exposure of their own philosophy of life – directly or indirectly – and had forced them to know in detail the elements of another philosophy of life (in order to be able to apply for an exemption). They had been heavily burdened by monitoring the tuition, passing on messages, giving reasons, and by frustration and stigmatisation. The applicants had experienced how their children had suffered under the pressure of being different from other children, acting as “go-betweens” between the home and the school and living with conflicts of loyalty. An exempted pupil might be removed from the classroom and placed in a separate room or might remain in the classroom and be told not to listen or to participate in the activity concerned. The arrangement offered ample potential for conflict and stigmatisation. 68. This being the case, the applicants had had no option other than to apply for full exemption, but had been denied this and had had to comply with a partial- exemption arrangement that did not operate in a manner that respected their rights. 69. In the applicants ’ view, the best way to combat prejudices and discrimination and to cater for mutual respect and tolerance, which was also an expressed aim of the new subject, was not by forcing people of non-Christian traditions and philosophies to participate in classes that predominantly featured the Christian religion. A better way would have been to maintain the former system with one subject for the majority of pupils coming from Christian families, including information on other philosophies of life, and one non-confessional subject based on common heritage, philosophy and a general history of religions and ethics for the others. Even better would have been to refrain from the Christian superiority integral to the Norwegian school system and to create a common, neutral and objective religion and philosophy of life subject without any form of religious activity or particular Christian privileges. 2. The Government 70. The Government stressed that it followed from the Court ’ s Kjeldsen, Busk Madsen and Pedersen judgment that no violation of Article 2 of Protocol No. 1 could be established on account of the absence of a right to full exemption from the KRL subject. As acknowledged in that judgment ( § 53), most knowledge-based education might raise issues of conviction. Parents were not even permitted to object to such education because, otherwise, “all institutionalised teaching would run the risk of proving impracticable”. A right to full exemption such as that claimed by the applicants here would even more clearly render institutionalised and mandatory teaching impracticable. 71. The Government submitted that, bearing in mind the Court ’ s partial decision on admissibility of 26 October 2004 delimiting the scope of the case, there were two issues arising. The first issue was whether the KRL subject in general involved the imparting of information and knowledge in a manner which objectively might be perceived as indoctrinating, that is, not objective, neutral and pluralistic. Should this be the case, the second issue would be whether a possibility of obtaining a full exemption was the only viable alternative that would accommodate the parents ’ wishes. The Court ’ s assessment of the KRL subject ought to be objective, rather than relying on the applicants ’ perceptions, and be based on the presumption that the KRL subject had been taught in conformity with existing regulations and guidelines. The applicants ’ perceptions of the KRL subject seemed to differ from what could objectively be inferred from the facts. 72. The KRL subject was designed to promote understanding, tolerance and respect among pupils of different backgrounds, and to develop respect and understanding for one ’ s own identity, the national history and values of Norway, and for other religions and philosophies of life. Accordingly, the KRL subject was an important measure for the fulfilment of Norway ’ s obligations under Article 13 § 1 of the United Nations Covenant on Economic, Social and Cultural Rights and Article 29 § 1 of the United Nations Convention on the Rights of the Child. 73. Approximately half the Curriculum pertained to the transmission of thorough knowledge of the Bible and Christianity in the form of cultural heritage and the Evangelical Lutheran Faith, and of knowledge of other Christian communities. The other half, approximately, was devoted to the transmission of knowledge of other world religions and philosophies, ethical and philosophical subjects, the promotion of understanding and respect for Christian and humanist values, and of understanding, respect and the ability to maintain a dialogue between people with different perceptions of beliefs and convictions. Therefore, if the applicants – on behalf of their children – were to obtain full exemption, the children would be deprived of knowledge not only of Christianity but also of other religions and other philosophies of life and ethical and philosophical issues. In the view of the Government, the mere fact that the subject provided knowledge of world religions, philosophies of life, and ethical and philosophical topics, and that its purpose was to promote understanding of humanist values and dialogues between people with differing views, should be sufficient to conclude that a clause allowing for full exemption could not be required under the Convention. Such a requirement would prevent all compulsory tuition concerning not only religions, but also other philosophies of life and ethical issues. It would be untenable and run counter to Norway ’ s positive obligations under other international human rights treaties. On this ground alone it should be safe to conclude that parents could not claim a right under the Convention to a full exemption from KRL studies for their children. 74. The Government disagreed with the view implied by the applicants that the alleged lack of proportion could give rise to an issue under Article 9 of the Convention or Article 2 of Protocol No. 1. First of all, teaching pupils knowledge of Christianity could not in itself raise an issue under the Convention, as long as the instruction was carried out in an objective, pluralistic and neutral manner. Secondly, in current Norwegian society there were legitimate reasons for devoting more time to the knowledge of Christianity than to other religions and philosophies of life. These reasons had been set out in the travaux préparatoires documents, in the Curriculum and in the subsequent evaluation of the KRL subject. 75. The Christian object clause in section 1-2 of the Education Act 1998 could not, in the Government ’ s view, give rise to concerns under Article 9 of the Convention or Article 2 of Protocol No. 1. Firstly, the clause provided that it should apply only “in agreement and cooperation with the home”. Thus, any aid by schools in providing a Christian upbringing could only be given with the consent of the parents. Secondly, under section 3 of the Human Rights Act, section 1-2 of the Education Act 1998 ought to be interpreted and applied in accordance with the international human rights treaties that had been incorporated into domestic law through the Human Rights Act. Consequently, the Christian object clause did not authorise preaching or indoctrination of any kind in Norwegian schools. 76. Even if the KRL subject had been intended to be taught in a pluralistic, objective and critical manner, this fact should not exclude activities that could be perceived by parents as being religious, such as excursions to churches, synagogues, mosques or temples or attendance at rituals and religious services in various religious communities. Nor would it make it necessary to provide a possibility of obtaining full exemption from the KRL subject. 77. The problem of possible inclusion of activities that might run counter to the philosophical or religious convictions of parents had been given serious and significant thought by the government in the deliberations on how best to design the KRL subject. Both the government and the legislature recognised the parents ’ rights to ensure their children education and teaching in conformity with their own religious and philosophical convictions, but at the same time acknowledged that society had a legitimate interest in and an obligation to enhance mutual respect, understanding and tolerance between pupils with different backgrounds as regards religion or philosophy of life. Also, the interests of the pupils themselves in developing and strengthening their own identity and in widening their horizons through gaining knowledge of new religions and philosophies of life were recognised. 78. The Convention safeguarded against indoctrination, not against acquiring knowledge: all information imparted through the school system would – irrespective of subject matter or class level – to some degree contribute to the development of the child and assist the child in making individual decisions. Likewise, even objective, critical and pluralistic information on religion and philosophies of life would provide a backdrop against which the individual child could form his or her own thoughts and identity. The mere fact that such information and knowledge might contribute to the development of the child was not in contravention of the Convention. On the contrary, the Convention should also ensure the child ’ s right to education. 79. The travaux préparatoires clearly reflect that the chosen solution regarding exemptions outlined below was the result of a well-balanced compromise between these two interests. The dilemma these competing interests represented was solved through the establishment of three mechanisms that were intended to cater for the rights of parents to ensure their children education and teaching in conformity with their own religious and philosophical convictions: firstly, and perhaps most importantly, the provision contained in section 2-4 (4) of the Education Act 1998, which allowed for exemption from parts of the courses; secondly, differentiated teaching aimed at remedying problems encountered on the basis of parents ’ religious or philosophical convictions; thirdly, the parents ’ possibility of obtaining an administrative and/or judicial review if they perceived the education or teaching as not being in conformity with their convictions. 80. The requirement under section 2-4 of the Education Act 1998 that parents must apply for exemption from the KRL subject did not give rise to an interference with their privacy in the sense of Article 8 of the Convention. Reasons for the parents ’ request had to be given only with regard to activities that did not immediately appear to be the practice of a specific religion or adherence to a different philosophy of life. In cases where reasons had to be given, the parents were not required to provide information about their own religious or philosophical convictions. 81. In any event, the conditions imposed by the exemption clause could not be considered disproportionate or unreasonably burdensome, and thus warrant a right of full exemption. As argued above, requests for exemption did not need to be justified by the parents in cases where the activities clearly might be perceived to be of a religious nature. Reasons had to be given only if more extensive exemptions were sought and even then the reasons did not have to be comprehensive. 82. The Government also submitted that the applicants were not obliged to enrol their children in State schools. Individuals, groups of individuals, organisations, congregations or others could, upon application, establish their own schools or provide parental instruction in the home. Therefore, the Norwegian Humanist Association, or parents who did not want their children to participate in the KRL subject despite the partial- exemption clause, were at liberty to avoid the problem by establishing alternative schools, either on their own or in cooperation with others of the same conviction. This was a realistic and viable alternative as regards economic risk as well, as more than 85% of all expenditure connected to establishing and running private schools was publicly funded. 83. The applicants ’ affirmation that no Christian parents had applied for exemption or forwarded complaints with regard to the KRL subject was unfounded. Although the Government kept no statistics on the cultural background of parents who sought exemption from the KRL subject, it emerged that several Christian communities had established private schools on account of their dissatisfaction with the tuition of Christianity provided in State schools. Several of these schools had been established after the KRL subject had been introduced in 1997. There were now eighty-two registered private schools with a philosophy-of-life background. Since 2001, thirty-one of all thirty-six applications concerned the establishment of new Christian private schools. It would therefore be safe to assume that certain parents with a Christian philosophy of life had been dissatisfied with certain elements of the KRL subject and had applied for exemptions. B. Assessment by the Court 1. General principles 84. As to the general interpretation of Article 2 of Protocol No. 1, the Court has in its case-law (see, in particular, Kjeldsen, Busk Madsen and Pedersen, cited above, § § 50 - 54; Campbell and Cosans v. the United Kingdom, 25 February 1982, § § 36-37, Series A no. 48; and Valsamis v. Greece, 18 December 1996, § § 25-28, Reports of Judgments and Decisions 1996 ‑ VI ) enounced the following major principles: (a) The two sentences of Article 2 of Protocol No. 1 must be interpreted not only in the light of each other but also, in particular, of Articles 8, 9 and 10 of the Convention (see Kjeldsen, Busk Madsen and Pedersen, cited above, § 5 2 ). (b) It is on to the fundamental right to education that is grafted the right of parents to respect for their religious and philosophical convictions, and the first sentence does not distinguish, any more than the second, between State and private teaching. The second sentence of Article 2 of Protocol No. 1 aims in short at safeguarding the possibility of pluralism in education, which possibility is essential for the preservation of the “ democratic society ” as conceived by the Convention. In view of the power of the modern State, it is above all through State teaching that this aim must be realised (see Kjeldsen, Busk Madsen and Pedersen, cited above, § 50). (c) Article 2 of Protocol No. 1 does not permit a distinction to be drawn between religious instruction and other subjects. It enjoins the State to respect parents ’ convictions, be they religious or philosophical, throughout the entire State education programme (see Kjeldsen, Busk Madsen and Pedersen, cited above, § 51). That duty is broad in its extent as it applies not only to the content of education and the manner of its provision but also to the performance of all the “ functions ” assumed by the State. The verb “respect” means more than “ acknowledge ” or “ take into account ”. In addition to a primarily negative undertaking, it implies some positive obligation on the part of the State. The term “conviction”, taken on its own, is not synonymous with the words “ opinions ” and “ ideas ”. It denotes views that attain a certain level of cogency, seriousness, cohesion and importance (see Valsamis, cited above, §§ 25 and 27, and Campbell and Cosans, cited above, §§ 36- 37). (d) Article 2 of Protocol No. 1 constitutes a whole that is dominated by its first sentence. By binding themselves not to “ deny the right to education ”, the Contracting States guarantee to anyone within their jurisdiction a right of access to educational institutions existing at a given time and the possibility of drawing, by official recognition of the studies which he has completed, profit from the education received (see Kjeldsen, Busk Madsen and Pedersen, cited above, § 52, and Case “relating to certain aspects of the laws on the use of languages in education in Belgium” v. Belgium (merits), 23 July 1968, Series A no. 6, pp. 3 1 -32, § 4 ). (e) It is in the discharge of a natural duty towards their children – parents being primarily responsible for the “ education and teaching ” of their children – that parents may require the State to respect their religious and philosophical convictions. Their right thus corresponds to a responsibility closely linked to the enjoyment and the exercise of the right to education ( see Kjeldsen, Busk Madsen and Pedersen, ibid. ). (f) Although individual interests must on occasion be subordinated to those of a group, democracy does not simply mean that the views of a majority must always prevail: a balance must be achieved which ensures the fair and proper treatment of minorities and avoids any abuse of a dominant position (see Valsamis, cited above, § 27). (g) However, the setting and planning of the curriculum fall in principle within the competence of the Contracting States. This mainly involves questions of expediency on which it is not for the Court to rule and whose solution may legitimately vary according to the country and the era ( see Valsamis, cited above, § 28). In particular, the second sentence of Article 2 of Protocol No. 1 does not prevent States from imparting through teaching or education information or knowledge of a directly or indirectly religious or philosophical kind. It does not even permit parents to object to the integration of such teaching or education in the school curriculum, for otherwise all institutionalised teaching would run the risk of proving impracticable (see Kjeldsen, Busk Madsen and Pedersen, cited above, § 53). (h) The second sentence of Article 2 of Protocol No. 1 implies on the other hand that the State, in fulfilling the functions assumed by it in regard to education and teaching, must take care that information or knowledge included in the curriculum is conveyed in an objective, critical and pluralistic manner. The State is forbidden to pursue an aim of indoctrination that might be considered as not respecting parents ’ religious and philosophical convictions. That is the limit that must not be exceeded ( ibid. ). (i) In order to examine the disputed legislation under Article 2 of Protocol No. 1, interpreted as above, one must, while avoiding any evaluation of the legislation ’ s expediency, have regard to the material situation that it sought and still seeks to meet. Certainly, abuses can occur as to the manner in which the provisions in force are applied by a given school or teacher and the competent authorities have a duty to take the utmost care to see to it that parents ’ religious and philosophical convictions are not disregarded at this level by carelessness, lack of judgment or misplaced proselytism ( ibid., § 54). 2. Application of those principles to the present case 85. In applying the above principles to the case under consideration the Court will have regard to the decisions on admissibility of 26 October 2004 and 1 4 February 2006, defining the scope of the case to be examined on the merits (see paragraph 8 above). The question to be determined is whether the respondent State, in fulfilling its functions in respect of education and teaching, had taken care that information or knowledge included in the Curriculum for the KRL subject be conveyed in an objective, critical and pluralistic manner or whether it had pursued an aim of indoctrination not respecting the applicant parents ’ religious and philosophical convictions and thereby had transgressed the limit implied by Article 2 of Protocol No. 1. In examining this question, the Court will consider, in particular, the legislative framework of the KRL subject as it applied generally at the time when the case stood before the national courts. 86. From the outset it should be observed that Article 2 of the Constitution, which in its first paragraph guarantees freedom of religion, provides in its second paragraph that the Evangelical Lutheran Religion is to be the State ’ s official religion and confers on its adherents an obligation to educate their children likewise (see paragraph 9 above). 87. What is central to the present case is the legal framework as laid down, in particular, in sections 1-2(1) and 2-4 of the Education Act 1998, Circulars F-90-97 and F-03-98 issued by the Ministry, and the relevant parts of the Ten- Year Compulsory Schooling Curriculum. Regard should also be had to the legislative intentions behind the KRL subject as expressed during the preparatory works. In this connection it should be noted that the issue whether the teaching of the applicants ’ children had occurred in a manner contrary to the Convention falls outside the ambit of the cases as delimited by the decision on admissibility of 26 October 2004. This also applies to their argument that the school manuals had amounted to preaching and had been capable of influencing the pupils. 88. Turning to the drafting history first, it should be reiterated that a prevailing intention behind the introduction of the KRL subject was that, by teaching Christianity, other religions and philosophies together, it would be possible to ensure an open and inclusive school environment, irrespective of the pupil ’ s social background, religious creed, nationality or ethnic group and so on. The intention was that the school should not be an arena for preaching or missionary activities but a meeting place for different religious and philosophical convictions where pupils could gain knowledge about their respective thoughts and traditions (see paragraph 15 above). In the view of the Court, these intentions were clearly consonant with the principles of pluralism and objectivity embodied in Article 2 of Protocol No. 1. 89. The said intentions were indeed reflected in section 2-4 of the Education Act 1998 (see paragraph 2 3 above). As can be seen from its wording, the provision laid emphasis on the transmission of knowledge about not only Christianity but also other world religions and philosophies. It moreover stressed the promotion of understanding and respect for, and the ability to maintain dialogue between, people with different perceptions of beliefs and convictions. It was to be an ordinary school subject that should normally bring together all pupils and should not be taught in a preaching manner. The different religions and philosophies were to be taught from the standpoint of their particular characteristics and the same pedagogical principles were to apply to the teaching of the different topics. From the drafting history it emerges that the idea was that the aim of avoiding sectarianism and fostering intercultural dialogue and understanding could be better achieved with an arrangement, such as here, bringing pupils together within the framework of one joint subject rather than an arrangement based on full exemption and splitting pupils into sub-groups pursuing different topics (see paragraph 1 5 above). Moreover, it should be noted that, as follows from the statement of principle in paragraph 84 (g) above, the second sentence of Article 2 of Protocol No. 1 does not embody any right for parents that their child be kept ignorant about religion and philosophy in their education. That being so, the fact that knowledge about Christianity represented a greater part of the Curriculum for primary and lower secondary schools than knowledge about other religions and philosophies cannot, in the Court ’ s opinion, of its own be viewed as a departure from the principles of pluralism and objectivity amounting to indoctrination (see, mutatis mutandis, Angeleni v. Sweden, no 104 9 1/83, Commission decision of 3 December 1986, Decisions and Reports 51 ). In view of the place occupied by Christianity in the national history and tradition of the respondent State, this must be regarded as falling within the respondent State ’ s margin of appreciation in planning and setting the curriculum. 90. However, the Court observes that, while stress was laid on the teaching being knowledge-based, section 2-4(3) provided that the teaching should, subject to the parents ’ agreement and cooperation, take as a starting- point the Christian object clause in section 1-2(1), according to which the object of primary and lower secondary education was to help give pupils a Christian and moral upbringing (see paragraphs 2 2 -2 3 above). 91. It is further to be noted that the Christian object clause was compounded by a clear preponderance of Christianity in the composition of the subject. 92. In this regard, reference should be made to the stated aim in section 2-4(1)(i) of the Education Act 1998 to “transmit thorough knowledge of the Bible and Christianity in the form of cultural heritage and the Evangelical Lutheran Faith” (emphasis added). In contrast, no requirement of thoroughness applied to the knowledge to be transmitted about other religions and philosophies (see paragraph 2 3 above). In addition, pursuant to section 2-4(1)(ii), the transmission of knowledge of other Christian communities was an aim. The difference as to emphasis was also reflected in the Curriculum, where approximately half of the items listed referred to Christianity alone whereas the remainder of the items were shared between other religions and philosophies. The introduction stated that “The study of the subject is intended to give pupils a thorough insight into Christianity and what the Christian view of life implies, as well as sound knowledge of other world religions and philosophies [emphasis added]” (see paragraph 4 9 above). 93. It is unclear whether the word “Faith” in item (i) implied qualitative differences compared to non-Lutheran faiths and other philosophies (see paragraph 2 3 above). In any event, the above factors laying stress on Christianity must have had implications for the operation of another stated aim in section 2-4(1), namely to “(iv) promote understanding and respect for Christian and humanist values [emphasis added]” ( ibid. ), indicating something more and other than the mere transmission of knowledge. In this regard, it may be noted that the Curriculum contained certain nuances regarding the teaching objectives, for example, pupils in grades 5 to 7 “should learn the fundamentals of the Christian faith and Christian ethics in the light of the positions taken in Luther ’ s Small Catechism” [emphasis added]. Regarding other religions, however, “pupils should study the main features of and important narratives from Islam, Judaism, Hinduism and Buddhism”; and pupils should know about secular orientation, the development of humanist traditions” and so on [emphasis added]. For grade 6 it was stated that “[p]upils should have the opportunity to learn the Ten Commandments by heart and be acquainted with the ethical ideals underlying the Sermon of the Mount, [ and ] learn something of how these fundamental ethical texts have been used in the history of Christianity and how they are applied today”. There was no equivalent in the list of items “to become acquainted” with in regard to “Other religions, Judaism” (see paragraph 50 above ). 94. Moreover, section 2-4(4) implied that pupils could engage in “religious activities”, which would in particular include prayers, psalms, the learning of religious texts by heart and the participation in plays of a religious nature (see paragraphs 2 3 - 2 4 above). While it was not foreseen that such activities should relate exclusively to Christianity, but could also concern other religions, for example a visit to a mosque in the case of Islam, the emphasis on Christianity in the Curriculum would naturally also be reflected in the choice of educational activities proposed to pupils in the context of the KRL subject. As was recognised in the partial - exemption rule in section 2-4 of the Education Act 1998 and Circular F-03-98, it would be reasonable for parents to notify their intention regarding an exemption for the kinds of religious activities referred to above. In the Court ’ s view, it can be assumed that participation in at least some of the activities concerned, especially in the case of young children (see, mutatis mutandis, Dahlab v. Switzerland (dec.), no. 42393/98, ECHR 2001 ‑ V), would be capable of affecting pupils ’ minds in a manner giving rise to an issue under Article 2 of Protocol No. 1. 95. Thus, when seen together with the Christian object clause, the description of the contents and the aims of the KRL subject set out in section 2-4 of the Education Act 1998 and other texts forming part of the legislative framework suggest that not only quantitative but even qualitative differences applied to the teaching of Christianity as compared to that of other religions and philosophies. In view of these disparities, it is not clear how the further aim, set out in item (v), to “ promote understanding, respect and the ability to maintain a dialogue between people with different perceptions of beliefs and convictions ” could be properly attained. In the Court ’ s view, the differences were such that they could hardly be sufficiently attenuated by the requirement in section 2-4 that the teaching follow a uniform pedagogical approach in respect of the different religions and philosophies (see paragraph 2 3 above). 96. The question then arises whether the imbalance highlighted above could be said to have been brought to a level acceptable under Article 2 of Protocol No. 1 by the possibility for pupils to request partial exemption from the KRL subject under section 2-4(4) of the Education Act 1998. Under this provision “ [ a ] pupil shall, on the submission of a written parental note, be granted exemption from those parts of the teaching in the particular school concerned that they, from the point of view of their own religion or philosophy of life, consider as amounting to the practice of another religion or adherence to another philosophy of life”. In this regard the Court reiterates that, as pointed out in its admissibility decision of 14 February 2006, the limitations on the scope of the case that followed from the decision of 26 October 2004 declaring parts of the application inadmissible do not prevent it from considering the general aspects of the partial- exemption arrangement in its examination of the complaint regarding the refusal of full exemption (see paragraph 8 above). 97. In this connection the Court notes that the operation of the partial- exemption arrangement presupposed, firstly, that the parents concerned be adequately informed of the details of the lesson plans to be able to identify and notify to the school in advance those parts of the teaching that would be incompatible with their own convictions and beliefs. This could be a challenging task not only for parents but also for teachers, who often had difficulty in working out and dispatching to the parents a detailed lesson plan in advance (see paragraph 2 9 above). In the absence of any formal obligation for teachers to follow textbooks (see point 10 in the citation at paragraph 4 8 above), it must have been difficult for parents to keep themselves constantly informed about the contents of the teaching that went on in the classroom and to single out incompatible parts. To do so must have been even more difficult where it was the general Christian leaning of the KRL subject that posed a problem. 98. Secondly, pursuant to Circular F-03-98, save in instances where the exemption request concerned clearly religious activities – where no grounds had to be given – it was a condition for obtaining partial exemption that the parents give reasonable grounds for their request (see the citation from the Circular in the Supreme Court ’ s reasoning at paragraph 4 2 above). The Court observes that information about personal religious and philosophical conviction concerns some of the most intimate aspects of private life. It agrees with the Supreme Court that imposing an obligation on parents to disclose detailed information to the school authorities about their religious and philosophical convictions may constitute a violation of Article 8 of the Convention and possibly also of Article 9 ( ibid. ). In the present instance, it is important to note that there was no obligation as such for parents to disclose their own convictions. Moreover, Circular F-03-98 drew the school authorities ’ attention to the need to take duly into account the parents ’ right to respect for their private life ( ibid. ). The Court finds, nonetheless, that inherent in the condition to give reasonable grounds was a risk that the parents might feel compelled to disclose to the school authorities intimate aspects of their own religious and philosophical convictions. The risk of such compulsion was all the more present in view of the difficulties highlighted above for parents in identifying the parts of the teaching that they considered as amounting to the practice of another religion or adherence to another philosophy of life. In addition, the question whether a request for exemption was reasonable was apparently a potential breeding ground for conflict, a situation that parents might prefer simply to avoid by not expressing a wish for exemption. 99. Thirdly, the Court observes that even in the event that a parental note requesting partial exemption was deemed reasonable, this did not necessarily mean that the pupil concerned would be exempted from the part of the curriculum in question. Section 2-4 provided that “the school shall as far as possible seek to find solutions by facilitating differentiated teaching within the school curriculum”. A detailed outline with examples of how differentiated teaching was to be implemented may be found in Circular F ‑ 03-98, from which it can be seen that the teacher was to apply, in cooperation with the parents, a flexible approach, having regard to the parents ’ religious or philosophical affiliation and to the kind of activity in issue. The Court notes in particular that for a number of activities, for instance prayers, the singing of hymns, church services and school plays, it was proposed that observation by attendance could suitably replace involvement through participation, the basic idea being that, with a view to preserving the interest of transmitting knowledge in accordance with the curriculum, the exemption should relate to the activity as such, not to the knowledge to be transmitted through the activity concerned (see paragraph 4 8 above). However, in the Court ’ s view, this distinction between activity and knowledge must not only have been complicated to operate in practice but also seems likely to have substantially diminished the effectiveness of the right to a partial exemption as such. Besides, on a purely practical level, parents might have misapprehensions about asking teachers to take on the extra burden of differentiated teaching (see paragraph 2 9 above). 100. In the light of the above, the Court finds that the system of partial exemption was capable of subjecting the parents concerned to a heavy burden with a risk of undue exposure of their private life and that the potential for conflict was likely to deter them from making such requests. In certain instances, notably with regard to activities of a religious character, the scope of a partial exemption might even be substantially reduced by differentiated teaching. This could hardly be considered consonant with the parents ’ right to respect for their convictions for the purposes of Article 2 of Protocol No. 1, as interpreted in the light of Articles 8 and 9 of the Convention. In this respect, it must be remembered that the Convention is designed to “guarantee not rights that are theoretical or illusory but rights that are practical and effective” ( see Öcalan v. Turkey [GC], no. 46221/99, § 135, ECHR 2005 ‑ IV ). 101. According to the Government, it would have been possible for the applicant parents to seek alternative education for their children in private schools, which were heavily subsidised by the respondent State, as it funded 85% of all expenditure connected to the establishment and running of private schools. However, the Court considers that, in the instant case, the existence of such a possibility could not dispense the State from its obligation to safeguard pluralism in State schools which are open to everyone. 102. Against this background, notwithstanding the many laudable legislative purposes stated in connection with the introduction of the KRL subject in the ordinary primary and lower secondary schools, it does not appear that the respondent State took sufficient care that information and knowledge included in the curriculum be conveyed in an objective, critical and pluralistic manner for the purposes of Article 2 of Protocol No. 1. Accordingly, the Court finds that the refusal to grant the applicant parents full exemption from the KRL subject for their children gave rise to a violation of Article 2 of Protocol No. 1. II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION TAKEN IN CONJUNCTION WITH ARTICLES 8 AND 9 AND ARTICLE 2 OF PROTOCOL No. 1 103. The applicants argued that the system of partial exemption entailed difficulties and burdens for the parents that gave rise to discrimination. In contrast, the previous system with a general exemption and a non-confessional, pluralistic philosophy of life subject for those exempted would have satisfied both the school obligations and the parental rights as protected by the Convention. 104. The Government disputed the contention that requiring parents to request exemption from particular elements of the KRL subject (partial exemption) amounted to discrimination in violation of Article 14. The exemption clause of the Education Act 1998 was non-discriminatory. Exemptions were available to the same extent for all parents, regardless of, in the words of Article 14, “sex, race, colour, language, religion, political or other opinion, national or social origin ... ”. The exemption clause did not draw a line between Christians on the one hand and non-Christians on the other hand. Other subjects, such as history, music, physical education and social studies, might also give rise to religious or ethical issues. The exemption clause included in section 2-4 of the Education Act 1998 applied to all subjects. In the reasoning of the parents, allowing for only partial exemption from these subjects would also be discriminatory. In the Government ’ s view, the only viable system both for those subjects and for the KRL subject was to allow for partial exemptions. If that were to constitute discrimination, Article 14 would render the implementation of most compulsory education impossible. 105. The Court, having regard to its findings above (see paragraphs 96 to 102 above), does not find it necessary to carry out a separate examination in relation to Article 14 of the Convention taken in conjunction with Articles 8 and 9 and Article 2 of Protocol No. 1. III. APPLICATION OF ARTICLE 41 OF THE CONVENTION 106. Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” A. Damage 107. The applicants sought no compensation for pecuniary damage but claimed an amount in respect of non-pecuniary damage, the amount of which was to be determined by the Court according to its own discretion, for suffering and distress caused by the violation of the Convention in their case. 108. The Government did not offer any comments on the above claim. 109. The Court ’ s finding of a violation will have effects extending beyond the confines of this particular case, since the violation found stems directly from the contested legal framework and not from its manner of implementation. In view of the readiness expressed by the Government to review the KRL subject, the Court is of the opinion that its finding of a breach of Article 2 of Protocol No. 1 constitutes sufficient just satisfaction for the purposes of Article 41 of the Convention. B. Costs and expenses 110. The applicants further sought the reimbursement of legal costs and expenses totalling 979,798 Norwegian kroner (“NOK”, approximately 117,000 euros (“EUR”)), in respect of the following items: (a) NOK 308,558 incurred before the domestic courts; (b) NOK 637,066 for the lawyer ’ s work in the proceedings before the Court from 2002 to 2006; (c) NOK 34,174 for the travel expenses for counsel, advisers and the applicants in connection with the oral hearing in Strasbourg on 6 December 2006. The above amounts included value- added tax (“VAT”). 111. The Government stated that they had no objection to the above claims. 112. According to the Court ’ s case-law, an applicant is entitled to reimbursement of his or her costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court considers it reasonable to award items (a) and (c ) in their entirety. As to item (b), however, the Court, noting that parts of the application were declared inadmissible, is not satisfied that all the costs and expenses were necessarily incurred in order to obtain redress for the violation of the Convention. It considers it reasonable to award a total sum of EUR 70,000 for the applicants ’ costs and expenses (inclusive of VAT). C. Default interest 113. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
The Court held that there had been a violation of Article 2 (right to education) of Protocol No. 1 to the Convention. It found in particular that the curriculum of KRL gave preponderant weight to Christianity by stating that the object of primary and lower secondary education was to give pupils a Christian and moral upbringing. The option of having children exempted from certain parts of the curriculum was capable of subjecting the parents concerned to a heavy burden with a risk of undue exposure of their private life, and the potential for conflict was likely to deter them from making such requests. At the same time, the Court pointed out that the intention behind the introduction of the new subject that by teaching Christianity, other religions and philosophies together, it would be possible to ensure an open and inclusive school environment, was in principle consistent with the principles of pluralism and objectivity embodied in Article 2 of Protocol No. 1.