The concept and content of the constitutional right to education

• Main Author: Оксана Сергіївна Якушина
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2018-03-01
• Series: Проблеми Законності
• Subjects: the subjective right to education; the objective right to education; the obligation to obtain a full general secondary education
• Online Access: http://plaw.nlu.edu.ua/article/view/125987
• ISSN: 2224-9281; 2414-990X

The article defines the notion of a constitutional right to education both in subjective and objective sense. The necessity of consideration of the constitutional right to education in these two dimensions is justified by the fact that the legal nature of the constitutional rights and freedoms of the individual may be disclosed in the comparison of objective law (body of law) and subjective law as the ability of a person to elect the appropriate type and measure of behavior in the framework of the law. In contrast to the position of non-recognition of the subjective nature of the constitutional socio-economic rights in the work argued for the recognition of the constitutional right to education subjective character, since it belongs to each person is his own right, directed on satisfaction of individual interests and needs of the individual. The article proposes to systematize the legal provision of the state guarantee the implementation of the rights of the individual to education. The first group includes legal norms defining the strategy, goals and objectives of the right to education, the basic parameters of the object of legal regulation of education – its content, spatial and temporal scope, purpose and implementation procedures for individual rights for education. The second group – guaranteed rules because they reglamentary organization of education management, types and structure of Executive bodies that act in the field of education, define their legal status and the rules governing the functioning of educational activities. The author substantiates the position on the inappropriateness of assigning a separate branch of «education law», because the constitutional law is mainly as a set of rules that regulate social relations associated with the implementation of a person’s right to education. The article mainly analyses the duty of obtaining secondary education, notes about duty of individuals both in material and spiritual spheres, as well as opens the content of the constitutional rights of the individual to education.