Telek and Others vs. Turkey, Nos. 66763/17, 66767/17, 15891/18, ECtHR, (Second Section) 21 March 2023

Violation of the right to private life and the right to study caused by the illegal and arbitrary withdrawal of passports from some university researchers.

Art 8 ECHR
 
Art 2 P1 ECHR

1. Bearing in mind that the content of the right to education varies over time and space according to economic and social circumstances and that, in a democratic society, the right to education is indispensable to the realization of human rights and occupies such a fundamental place that a restrictive interpretation of the first sentence of Article 2 P1 ECHR would not be consistent with the aim and purpose of that provision, it must be held that, because of the crucial role they play today in the conduct and progress of scientific research in all fields, advanced specialist studies and research, such as doctoral studies, form an integral part of the right to education.
 
2. Where the discretion enjoyed by the administrative authorities to order the withdrawal of passports under the provisions of domestic law is not subject to any conditions, its scope and manner of exercise are not defined and no other specific safeguards are provided in this regard, the adoption of such a measure, although taken in the context of the state of emergency, is arbitrary and incompatible with the condition of legality, which is indispensable for permitting a limitation of the right to private life and the right to education within the meaning of Articles 8 and 2P1 of the ECHR.