Eğitim Hakkı Kavramının Ulusal ve Uluslararası Normlarda Tartışılması

Abstract

The right to education, whose development began with the existence of modern society, has become a right included in the constitutions, which has become widespread in all societies with the new nation-state constitutions based on the phenomenon of equality of people. However, the right to education continues to be a concept that is currently being discussed in the context of fundamental rights and freedoms and human rights, due to the fact that its use cannot be realized only through acceptance by states in laws. It is necessary to determine the concepts of rights and freedoms before examining the place of the concept of the right to education among fundamental rights and freedoms. The element of authority is at the core of the concept of right. This is the authority to do something, to behave in a certain way from others, or to ask for something to be done. The concept of right is defined as the interests of a person recognized and guaranteed by the legal system in accordance with the theory of interest. According to this definition, in order for interests to be considered rights, they must belong to a person and be protected by the legal order. There are also approaches that suggest that rights are different from interests and needs. According to these approaches, interests and interests may be arbitrary, but rights are principled and officially accepted powers and standards. From the point of view of the theory of will, right is an authority and voluntary superiority recognized by the legal system and guaranteed at the same time. The position of the voluntary superiority is provided by the rules of law. Therefore, the right is the sovereignty of the will, which is protected by the legal order. According to the mixed theory, which combines the theory of will and interest, the concept of right has been put forward as a protected interest by recognizing the willpower of a person. In this context, the right to education as a concept is much newer than the concept of educational assignment. Because in the beginning in modern societies, people could not use education as a right, they took it on as an obligation. It has been possible for education to be a human right only with the developments in the field of human rights. The classical bourgeois revolutions brought a certain degree of freedom of self-development to a person, but not all social segments were able to achieve this through their own means. 19. economic and social rights, which have gained importance with the understanding of the social state that has developed since the second half of the century, have also included the right to education. Key Words: The Right to Education, The Concept of the Right to Education, National Norms, International Norms