The European Court of Human Rights (ECtHR) issued a significant ruling on the right to inclusive education. The GL Cause. v. Italy (application no. 59751/15) highlighted how an autistic child was deprived of specialized school support for two years. The ECtHR recognized that this failure constituted discrimination, violating Article 14 of the European Convention on Human Rights.
The case: GL v. Italy
The applicant, who has autism, did not receive specialist assistance during the first two years of primary school. This assistance was provided for by Italian law n. 104/1992. Despite repeated requests from parents, local authorities did not guarantee support. Due to this, parents were forced to resort to private services. The ECtHR emphasized that “the right to education must be guaranteed to all, without discrimination.”
Principle of the ECtHR ruling
The ECtHR has established an important principle: “States have the obligation to ensure reasonable accommodation to correct de facto inequalities related to disability.” The lack of support prevented the applicant from benefiting from an education on equal terms with other students.
Discrimination and the role of the budget
The Italian Government justified the lack of specialist assistance with the insufficiency of financial resources. However, the ECtHR reiterated that budgetary reasons cannot justify violations of the right to education. States must find a balance between the educational needs of disabled people and available resources.
Implications of the ruling for the right to education
The ECtHR’s GL v. Italy ruling represents a turning point for the right to inclusive education. The Court highlighted the importance of guaranteeing primary education without discrimination, underlining that the lack of adequate supports constitutes a serious violation. This decision reinforces the obligation of Member States to take concrete measures to guarantee the right to education for children with disabilities.
