: Legal environment of education – Enforcement of the right to education

Having examined the initial period when education became a public affair, we see that the right to education is a result of a continuous social and legal development. My study aims to analyse with respect to the right to education created as a result of this social and legal development and defined as a human right, where the limit of legal regulation is and how far the state goes and can go when marking the scope of teaching and learning activities. After outlining the historic background of the right to education in today’s sense, I am going to present the international and supranational regulation of this freedom, starting with the Universal Declaration of Human Rights that declared in 1948 that everyone has the right to education. I analyse the components of the right to education in my study, examining both the active and passive side thereof. Thus, I am writing about the right to learn and teach, the state’s obligation to maintain the institutions, the right to found a school, as well as about the freedom to choose an institution. After the analysis of the Hungarian regulations – which covers the review of public education, higher education and vocational training as well -, I draw my conclusions as a summary. In this context, I am going to cover how the state’s obligation “to act” and “to refrain/to tolerate” is realised in my opinion. First of all, it can be stated that the state fulfils its obligation to maintain the institutions arising from the right to education and at the same time it creates the opportunity for non-state institutions to operate, thereby fulfilling the freedom to choose a school. Accordingly, it can be stated that the state fulfils the obligation “to act” to ensure the conditions for realisation of education, however, further analysing the present education policy of Hungary, fulfilment of the state’s obligation “to refrain/to tolerate” raises concerns.

Keywords: right to education, teaching, learning, obligation to maintain the institutions, freedom to choose an institution

Year: 2018
Issue: 4
Page: 7-18
Dec 2018
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