CASE OF KJELDSEN, BUSK MADSEN AND PEDERSEN v. DENMARK

The case before the European Court of Human Rights concerned whether Denmark’s introduction of compulsory sex-education in public schools violated parents’ rights under Article 2 of Protocol No. 1 to the European Convention on Human Rights.

Three Danish couples complained that their children were required to receive sex-education in school, which they believed conflicted with their religious and moral convictions. They argued that the state did not respect their right to ensure education in conformity with their own beliefs.

The Court held that the state has a wide margin of appreciation in determining the school curriculum. Article 2 of Protocol No. 1 requires the state to respect parents’ religious and philosophical convictions, but it does not give parents the right to determine or opt out of specific parts of the curriculum.

The Court emphasized that the aim of the sex-education was objective, critical, and pluralistic and did not amount to indoctrination. The Court therefore found that Denmark’s rules on compulsory sex-education did not violate the Convention.

12. March 2026

5095/71; 5920/72; 5926/72
  • Decision: 7 December 1976
  • Comm: HUDOC