Realization of the Right to Education outside Territories with a Disputed Regime by People Who Received the Education Therein

Abstract

Difficulties arising from the realization of the right to access to education outside a territory with a disputed regime by individuals who obtained previous qualifications in such territory have existed for a long time. The issue was exacerbated after the Ukrainian political crisis of 2014 that led to the emergence of two self-proclaimed entities — the Donetsk People’s Republic and the Luhansk People’s Republic — and posed the question on the further destiny of young people who finished secondary schools in these territories. Although eventually many of them were admitted to Russian universities, it did not resolve the issue fundamentally. Therefore, the authors have set themselves a goal to answer the following question: is it in compliance with international law if a state body, a state agency, or a state educational institution refuses to recognize the qualification on the sole ground that it was obtained in a territory with a disputed regime? While the answer should be negative, it seems that most states do not share this opinion. The possible solution to this and other issues concerning the implementation of the rights of people living in such territories is to conclude the treaty that will guarantee the implementation of all basic human rights that people have under international law including the right to access to education. However, before its conclusion, it is expedient to set a Martens clauselike norm in an international instrument that may contribute to full and consistent implementation of their rights since they do require such protection today.