The Right to Education is a human right protected by Article 2, Protocol 1 European Convention on Human Rights (ECHR). Article 14 ECHR prevents the government discriminating against people exercising this right, or any other right for that matter.
However, the Scottish Government’s Students’ Allowances (Scotland) Regulations 2007 have been found to violate Article 2 Protocol 1, and Article 14 ECHR. The Court of Session Outer House found that they prevented a category of migrant young people, living lawfully in Scotland since their childhood, from accessing college or university alongside their peers.
The Scottish Government must now take urgent steps to change the law.
