This article focuses on the possible effects of legal measures that have been taken during the Covid-19 pandemic on the right to education. Special emphasis is given to the principle of equality of opportunity. The first part of the article emphasizes the scope and meaning of the right to education in the context of contemporary developments. According to General Comment No. 13 of the UN CESCR, state parties guarantee an education which in all forms and at all levels demonstrates the four interrelated features of the right to education: availability, accessibility, acceptability, and adaptability. The most recent General Comment No. 25 of CESCR stresses the effect of new technologies and scientific developments on economic, social, and cultural rights. Therefore, it highlights potential inequalities between different social groups in terms of their access to the benefits of scientific inventions and technology. CEDAW, OHCHR, and OECD have published reports on gender-based inequalities during the pandemic and have called for immediate remedies to genderbased violence, girls’ disadvantaged educational access, and working parents with children. Turkey should consider arranging all the regulations based on appointments and re-appointments in all performance-based work systems and prolong the periods of re-appointments up to six months or one year. Immediate solutions should focus on the most disadvantaged groups in Turkish society.

The second part compares previous ECHR precedents and the possible breaching of the right to education during the Covid-19 pandemic. For this purpose, four potential claims to the right to education will be classified. First, the restriction of access to education is due to a highly contagious disease. In the case of Covid-19, a person might be positive but show no symptoms. Therefore, the ECHR has acknowledged legitimate reasons for restricting the right to education including protecting public health and the rights of others. Although the ECHR also emphasizes the negative obligation of state parties according to Article 2 of Protocol No.1, unpredictable restrictions in access to education (such as undefined periods or a lack of certain processes) might cause the right to education to be breached (Memlika vs. Greece Case). Students must have sufficient opportunities for distance education and attending exams. The second potential claim is discrimination based on disabilities or financial status that limits access to distance education. The third potential claim is inequality of opportunity during university entrance exams. This claim was made recently in a case in Berlin, Germany. A school student who needed to attend the Abitur claimed that equality of opportunity was not upheld since she was unable to focus on her studies due to her home circumstances. Although the federal administrative court rejected this claim, it fundamentally agreed that Covid-19 measures did create inequalities of opportunity. At the same time, the court stated that the examinations administrators would not be obliged to provide absolute equality; rather, its emergency regulations were in place to ensure the healthiest possible conditions for exams. States are expected to take appropriate measures based on the latest scientific developments to secure equality of opportunity during exams. Therefore, special and separate rooms for the candidates from at-risk groups should be provided during the exams, so that they are not obliged to wear masks. In Turkey specifically, universities should provide more flexible solutions for grading students. There have been several claims that the availability of the internet and the related technology required was limited. The fourth potential claim addresses school health services and the school health service provider’s obligation to protect confidentiality. Students’ personal health data should only be disclosed to those individuals who need it to inform appropriate measures for the sake of the individual and others in the school. Turkish schools are not obliged to provide medicals; however, this might be necessary during the next semester to fight the pandemic and should be introduced in educational codes. An additional claim that might occur is the right to quality education.

Finally, this article focuses on discussions of Turkish administrative law. Health is one element of public order. In practice, maintaining public order often goes along with limiting human and civil rights. However, a human rights-based approach must be applied when maintaining public order. The Turkish administrative jurisdiction acknowledges the liability of the administration, yet it might also consider Covid-19 a force majeure and dismiss claims for compensation. In any case, the obligations of the administration to take preventive measures against risks and establish an organization for reducing risks endure.