Parental Agency and Children’s Rights Education at the European Court of Human Rights. A Case-Based Inquiry into Legal Culture and Access to Justice

The act of seeking judicial remedies in matters concerning education and the right to education depends on a range of factors, including cultural values, legal systems, structural conditions, and the development of parental agency. This paper explores how and why parents turn to the European Court of Human Rights (ECtHR) in response to violations of their children’s rights. The paper employs a qualitative analysis of ECtHR judgments, legal frameworks, and secondary literature to examine how cultural norms, legal barriers, and structural inequalities shape parental access to supranational justice. A total of six cases were selected based on thematic relevance and legal impact. Where relevant, media coverage and public discourse are also considered as influencing factors. Focusing on the Albanian context, the case of X and Others v. Albania (2022), concerning the educational segregation of Roma and Egyptian children, is used as a central example. An unreported but witnessed case is also included to highlight informal routes of parental grievance expression outside the legal system. The analysis reveals that while parental engagement with the ECtHR is often hindered by limited structural conditions, cultural values and insufficient access to legal aid, it can also serve as a catalyst for legal and policy reform or as a means to challenge existing laws. The paper concludes with recommendations for improving access to justice for marginalized families, including the expansion of legal support services, targeted public awareness campaigns, and inclusive educational policy reforms.