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.