Violation of the human right to education

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Tyumen State University

Violation of the human right to education

Karimove Z.R., Chumakova A.V.,

Globalization is a process of interaction and integration among people and governments of different countries. In the modern world the processes of globalization cover many social institutions, including education. Education is a process of personality development, associated with the mastery of the human experience, which is embodied in knowledge, abilities, and creative activity. Education is a necessary condition for the preservation and development of material and spiritual culture. [3; 184 - 185].

The right to education is one of the most important and fundamental human rights. It is enshrined in several international documents: Convention on the Rights of the Child; The European Social Charter; African Charter on Human and Peoples' Rights; The International Covenant on Economic, Social and Cultural Rights; The Convention for the Protection of Human Rights and Fundamental Freedoms.

`The Russian Federation is party to the following conventions that include provisions on the right to education: International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention against Discrimination in Education; International Convention on Elimination of All Forms of Discrimination; Convention on the Rights of the Child; European Convention on Protection of Human Rights and Fundamental Freedoms.'

But the most important document is the Universal Declaration of Human Rights. Article 26 of the Declaration establishes: «Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.

Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit».

According to this article, the countries - members of the international community, should protect and implement this right. It is the legislation of a particular country that specifically promotes and protects human rights.

The following table shows how the right to education is enshrined in the constitutions of different countries.

Thus, we see that the Constitutions of many countries have Articles dealing with education which is considered a national concern by the states. However, nowadays, we can observe how some governments violate the constitutional right to basic education. Some social groups of people, such as young people from poor families, ethnic minorities and immigrants, etc. face these violations more often.

The Roma, one of the largest ethnic minority groups, are often deprived of the formal education. In some countries, Roma children are often placed in "special" classes or schools, despite the fact that they do not have any mental disabilities. Thus, they suffer from discrimination and exclusion from education. In Russia a considerable part of the Roma children because of lack of documents, poverty or national traditions does not enter schools or quickly drops out without having received sufficient education. In Europe `a greater proportion of Romani children do not attend primary school […]. At least 10 % of Roma children aged 7 to 15 in Greece, Romania, Bulgaria, France and Italy are identified […] as not attending school'. [1; 5]

Another problem is the implementation of the right to education in economically backward countries. The lack of schooling and poor education in these countries is caused by poverty of people, insufficient `financial resources necessary to create schools, provide schooling materials, recruit and train teachers'. Among the most affected regions where children remain unschooled are: Sub-Saharan Africa (over 32 million children of primary school age remain uneducated); Central and Eastern Asia, the Pacific (27 million uneducated children).

One more problem is registration at place of residence and lack of documents. Nowadays many countries face the problems of immigration. Some of these immigrants are undocumented, so their children can't get education in some places. Although in the USA since the 1982 U.S. Supreme Court case Plyer v. Doe all `undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents18. In Russia children, whose parents are not able to obtain permission to register at their place of residence, can not enter kindergartens and schools. This is inconsistent with the Russian Constitution and violates the Right to Education.

To conclude, it is probably important to determine quite clearly that 21st century still faces the problems connected with violations of human rights including human right to education. Thus, the task of the world community is to eliminate these violations. Globalization empowers the countries to become full-fledged participants in international relations. Joint efforts can help states to develop a common strategy of interaction and effective problem solving. [2;198].

globalization right education legal

Reference

1. Lilla Farkas Report on discrimination of Roma children in education. http://ec.europa.eu/justice/discrimination/files/roma_childdiscrimination_en.pdf

2. Spasskaya V. V. Legal regulation of educational relations: problems of theory and practice // Infra-M, Norma. Moscow, 2012.

3. Ushakova M. V. Education in a transforming society // Vestnik MGU. 2002

4. See: The Constitution of The Russian Federation. http://www.departments.bucknell.edu/russian/const/ch2.html 9 See: Constitution of the Italian Republic.

5. https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf

6. See: The Constitution of the Bolivarian Republic of Venezuela https://venezuelanalysis.com/constitution/title/3

7. See: The Constitution of the Republic of Kazakhstan http://www.constitution.kz/english/

8. See: The Constitution of the Kingdom of Sweden www.parliament.am/library/sahmanadrutyunner/Sweden.pdf

9. See: Constitution of the Kingdom of the Netherlands (2008)

10. http://www.legislationline.org/documents/section/constitutions/country/12

11. See: The Constitution of the Republic of Latvia http://www.saeima.lv/en/legislation/constitution

12. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

13. http://www.coe.int/en/web/turin-european-social-charter

14. http://www.achpr.org/instruments/achpr

15. http://www.echr.coe.int/Documents/Convention_ENG.pdf

16. See: Problem of discrimination and violation of the rights of Roma children at Russian schools http://www.osce.org/odihr/39427?download=true

17. http://www.un.org/en/universal-declaration-human-rights/index.html

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