Under paragraph 2, States may "control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions or penalties".
Controls can involve, for example:
confiscation or forfeiture of assets by the courts or the revenue or customs officers;
requirements to use property in a particular way, such as planning or rent controls;
withdrawal of a licence, e.g. to sell alcoholic drinks.
The control must be:
lawful;
in the general interest or to secure the payment of taxes or penalties;
respecting a "fair balance".
The discretion of the State under this rule is even wider than under the first rule: the laws the State
may enforce to control use of property are those "it deems necessary" for that purpose. Applicants
need to show they were required to shoulder an excessive burden, as where a rent-control scheme
in force for 11 years imposed very severe restrictions on private landlords (Hutten-Czapska v.
Poland).
Duties of public officials
Action to confiscate or otherwise interfere with property rights is usually taken by lawmakers, senior
officials and courts, but customs and revenue officers, licensing authorities, rent control officers and
other public officials may also exercise powers in this area. They need to ensure:
they have a legal basis for their action;
it pursues a public interest;
it strikes a fair balance between the individual and the general interest.
Right to education (Article 2)
"No person shall be denied the right to education", which is in practice a right to access to such
education as the State has undertaken to provide, and as regulated by that State. Regulations may,
for example, make education compulsory up to a certain age, permit (or ban) home schooling, and
allow schools to exclude unruly pupils. The article does not require any particular system of
education; even less does it require access to a particular school. It is neutral as between public and
private education and has been interpreted to guarantee freedom to establish private schools.
Education that is provided, whether public or private, must respect parents' religious and
philosophical convictions. But so long as the curriculum and tuition are objective and pluralistic, the
fact that it may conflict with some parents' convictions is not a breach.
Right to free elections (Article 3)
Rather than asserting rights, this Article puts an obligation on the States to "hold free elections at
reasonable intervals by secret ballot, under conditions which will ensure the free expression
of the opinion of the electorate in the choice of the legislature". But the Court has derived from
this obligation a right to vote and a right to stand for election.
The Article does not require any particular electoral system and the States have a wide discretion in
how they regulate elections, including the conditions to be fulfilled by would-be candidates for office.