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CASE OF CAMPBELL AND COSANS

Doc ref: 7511/76;7743/76 • ECHR ID: 001-55442

Document date: June 25, 1987

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Cited paragraphs: 0
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CASE OF CAMPBELL AND COSANS

Doc ref: 7511/76;7743/76 • ECHR ID: 001-55442

Document date: June 25, 1987

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgments of the European Court of Human Rights

in the case of Campbell and Cosans delivered on 25 February 1982 and

22 March 1983 and transmitted the same days to the Committee of

Ministers;

Recalling that the case had its origin in two applications against the

United Kingdom lodged with the European Commission of Human Rights

under Article 25 (art. 25) of the convention by two United Kingdom

citizens, Mrs Grace Campbell and Mrs Jane Cosans, complaining that the

use of corporal punishment as a disciplinary measure in the school

attended by their children constituted treatment contrary to Article 3

(art. 3) of the convention and also failed to respect their right as

parents to ensure their sons' education and teaching in conformity

with their philosophical convictions, as guaranteed by the second

sentence of Article 2 of Protocol No. 1 (P1-2), Mrs Cosans

further contending that her son's suspension from school violated his

right to education, protected by the first sentence of the

last-mentioned article (P1-2);

Recalling that the case had been brought before the Court by the

European Commission of Human Rights and by the Government of the

United Kingdom;

Whereas in its judgment of 25 February 1982 the Court:

- Held unanimously that no violation of Article 3 (art. 3) of

the convention was established;

- Held by six votes to one that there had been, with respect

to Mrs Campbell and Mrs Cosans, breach of the second sentence of

Article 2 of Protocol No. 1 (P1-2);

- Held by six votes to one that there had been, as regards

Jeffrey Cosans, breach of the first sentence of the last-mentioned

article (P1-2);

- Held unanimously that the question of the application of

Article 50 (art. 50) of the convention was not ready for decision;

Whereas in its judgment of 22 March 1983 the Court unanimously:

- Declared that Mrs Campbell's claim for just satisfaction was

inadmissible in so far as it sought an undertaking from the United

Kingdom Government;

- Held that the United Kingdom was to pay:

a. to Mrs Campbell, in respect of legal costs and expenses referable

to the proceedings before the Commission and the Court, the sum of nine

hundred and forty pounds sterling (£940);

b. to Mrs Cosans, in respect of legal costs and expenses as aforesaid,

the sum of eight thousand eight hundred and forty-six pounds sterling and

sixty pence (£8 846,60) less two thousand three hundred French francs

(2 300 FF) to be converted into pounds sterling at the rate applicable on

the date of delivery of the present judgment;

c. to Jeffrey Cosans, in respect of pecuniary and non-pecuniary loss,

the sum of three thousand pounds sterling (£3 000);

- Rejected the remainder of the applicants' claims;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the convention";

Having invited the Government of the United Kingdom to inform it of

the measures which had been taken in consequence of the judgments,

having regard to its obligation under Article 53 (art. 53) of the

convention to abide by the judgments;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of the United Kingdom informed the Committee

of Ministers of the measures taken in consequence of the judgments,

which information is summarised in the appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has

paid the applicants the sums provided for in the judgment of the Court

of 22 March 1983,

Declares, after taking note of the information supplied by the

Government of the United Kingdom, that it has exercised its function

under Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (87) 9

Information provided by the Government of the United Kingdom

during the examination of the case of Campbell and Cosans

before the Committee of Ministers

The Education (No. 2) Act 1986 which received the Royal Assent on

7 November 1986, provides, in Sections 47 and 48 for the abolition of

corporal punishment in state schools. It is proposed to bring the

provisions of the Act into force on 15 August 1987, so as to take

effect from the beginning of the coming school year, this being the

earliest practicable date, given the need for those schools which may

still have corporal punishment to devise alternative disciplinary

policies. This will apply in respect of pupils at schools maintained

by local education authorities and certain other schools for which the

state provides financial assistance and in respect of pupils at

independent schools any of whose fees are paid out of public funds.

The Government of the United Kingdom has paid the applicants the sums

provided for in the judgment of the Court of 22 March 1983.

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