G.L. v. Italy: The ambiguous role of article 14 European court of human rights in inclusive education cases

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 analyses 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 education and take the necessary steps for implementation there.