The right to education or freedom of education: constitutional and sectoral aspects

Abstract

This article analyses the distinction between the right to education and freedom of education in the decisions of the Constitutional Court of Ukraine and the European Court of Human Rights. The article deals with the issues of legislative regulation of the right to education. The author analyses international and national legal acts on the right to education, problems of reforming education and science in the context of the Association of Ukraine and the European Union. The author considers optimisation of the organisation and conduct of scientific research and general approaches to education reform aimed at innovative development of education. In modern societies, we often hear that education is associated with the words “right” and “duty”, but not everyone knows what this means in practice. Although it seems easy to talk about education nowadays, this was not the case in the past and many reforms have taken place over the years to make this right and duty more and more relevant. First of all, it should be said that the right and obligation to education has modern roots in democratic societies that recognise and guarantee education for all individuals. Theoretical issues related to the right to education have not yet been the subject of modern legal science have not yet been the subject of a multidimensional study. The study of the of the human right to education usually involves consideration of the issues of implementation as a public service in educational institutions of various types and the protection of the right by the state authorities of Ukraine. The human right to education regulates social relations related to any form of education and upbringing, has a programme and targeted nature, which is expressed in the need for continuous improvement of legislation on education and state activities related to the realisation of the right to to education. This process is carried out on the basis of joint activities of a person, the state and society represented by represented by commercial and state institutions, whose interests are united by a single focus, and complement each other. Education is a human right in the modern international order. It is one of the so-called second-generation rights, i.e. rights that require the state to ensure positive fulfilment, to act in favour of their observance.