The paper deals with the issues related to the right to education under the Constitution of the Republic of Poland of 1997 and to the actual operation of the education system. The main focus is on the constitutional guarantee of equal access to education. This guarantee should be treated as Kant’s Regulatory Idea which should be pursued by public authority though its full attainment is not possible in social reality. This study attempts to indicate to what extent the state’s obligation to ensure equal access to education is implemented by the institution of the school in Poland.
PL
Artykuł obejmuje rozważania dotyczące problematyki związanej z prawem do nauki na gruncie Konstytucji Rzeczypospolitej Polskiej z 1997 roku oraz w praktyce funkcjonowania systemu oświaty. Szczególną uwagę poświęcono konstytucyjnej gwarancji równego dostępu do wykształcenia. Gwarancję tę należy traktować jako Kantowską ideę regulatywną, do której władza publiczna powinna dążyć, ale której pełne osiągnięcie nie jest możliwe w rzeczywistości społecznej. Celem niniejszego opracowania jest próba wskazania, w jak dużym stopniu instytucja szkoły w Polsce realizuje ciążące na państwie zobowiązanie zapewnienia równego dostępu do wykształcenia.
Following the current situation caused by the coronavirus pandemic, this study brings to light the way in which the traditional school (the notion “school” was used in this paper with reference to all levels of learning, both schools and universities) was replaced, in a somewhat forced way, with online school in a society pursuing the tradition of face-toface education. Given this aspect of e-learning and a possible higher exposure of their private life, for both students and teachers, the study will seek to answer the question: “Does online school represent a limitation of the right to private life?” through a series of legal arguments. However, before an answer is found, the right to private life and the right to education, as seen through Romanian legal regulations, as well as through the perspective of the European Convention on Human Rights, will be studied in detail. Last but not least, the concept of online school will be subject to analysis, from the perspective of both main parties involved in the education act, closely following the concept of private life.
The article analyses international special educational needs and disability acts in terms of disabled students’ equal access to education. Discrimination against students with disabilities and their social isolation appears to be a topical issue for any democratic state. Thus, ensuring conditions for the development of every personality has become the priority for each state. On the other hand, globalization, humanization and educational integration have become the main tendencies of social development at the beginning of the third millennium. Consequently, there developed a different view on education in a modern society. At present everybody has an equal access to education. To meet the special educational needs of each student the inclusive education was introduced. Inclusive education tends to be concerned with creating learning environment to meet each learner’s requirements and possibilities irrespective of his or her psychological and physical development. European community stresses that students with special educational needs and disability shouldn’t be discriminated, they must be educated in regular classes at their local schools. They find inclusive education the most favourable for learning students with special educational needs and disability. International community considers the introduction of inclusive education to be a matter of priority in reforming all modern educational systems. Modern society has recognized the disabled people’s right to their full participation in social life and realized the necessity for creating conditions to enjoy this right. For these reasons each country including Ukraine tries to make its legislation corresponding to international one in terms of equal access to education for learners with special educational needs and disability. The article gives a review of international regulation of the rights of people with special educational needs and disability to have equal access to education.
The subject matter of this article was the right to education with a particular regard to the rights of the child being a pupil and his/her right to personal treatment in the teaching and the whole educational process, the right to the open and motivated assessment of the progress in learning, the right to impact the school life via local government activities, as well as the right to the freedom of conscience and religion, and the right to recognise and preserve the national identity in the teaching process. The issue of pupil’s responsibilities, and in particular compulsory schooling and compulsory education, have also been raised. The article defi ned the right to education and placed it among other acts of international law – the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration of the Rights of the Child, as well as the Convention on the Rights of the Child, known as the World Constitution of the Rights of the Child. In addition to the nature of the right to education, the subject matter of the consideration was also the principles and guarantees of its implementation, contained in the Basic Law. Their analysis led to the conclusion about the limited nature of the right of parents to bring up the child according to their own convictions, the implementation of which should be compatible with the welfare of the child and the constitutionally guaranteed right to receive education. An analysis of the regulations applicable in the prescribed scope statutory, and in particular in terms of universal and equal access to education have also been discussed. The refl ections presented in the article have been enriched with case law examples and judgments delivered by the European Court of Human Rights in Strasbourg, the Supreme Court, and the Common Courts. The analysis of the existing legal references, the doctrine, and the case law has allowed to reach a conclusion on the fundamental nature of the right to education, the implementation of which conditions the development of an individual and the full use of its rights.
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