Аналітично-порівняльне правознавство (Nov 2023)
The constitutional right to education as a mechanism for guaranteeing the personal freedom of a person and a citizen
Abstract
The article analyzes and singles out a scientific problem related to the constitutional right to education and guarantees of its protection in the context of European integration processes. Based on the standards of national and international legislation, the place of the right to education in the system of human rights and its relationship with the catalog of constitutional rights and freedoms was investigated. A proper definition of the constitutional right to education is proposed. Particular attention in the article was devoted to the issue of the entry of education into the European space. In order to effectively implement the right to education, particularly in the context of globalization and European integration processes, the education system is being reformed and modernized, including the legal sphere, and its adaptation to European standards. The Association Agreement between Ukraine and the European Union is of particular importance for the process of European integration in education. It was found out that the Ministry of Education and Science pays considerable attention to reforms in the field of education and science, including in wartime conditions. The constitutional guarantees that make up the content of the constitutional right to education and its protection are analyzed. In particular, attention is devoted to a special guarantee - the protection of the constitutional right to education. Thus, based on the results of the research of the domestic judicial practice and the professional activity of the European Court of Human Rights, the essence and content of the guarantees of protection of the right to education were clarified. Analyzing the current judicial practice, it was established that the most frequent reasons for appeals are the following: refusal to recognize a document on higher education (including the procedure for recognizing a foreign educational document by Ukrainian authorities); violation of the rights to higher education by normative legal acts of the executive power, local self-government bodies and other authorities; appeal against the decisions of the appeal commission of the Ukrainian Center for the Evaluation of the Quality of Education, regarding the refusal of registration or violations during the conduct and results of the external independent evaluation; availability of external independent assessment and sufficient education of students regarding this process.
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