The right to education - a sine qua non condition in the training of respect for the Law

AuthorPhD. Candidate Elena Roxana Visan
The right to education – a sine qua non condition… 59
PhD. Candidate Elena Roxana VIŞAN
The reform of the Romanian education system introduced a number of educational policies and
practices oriented toward the concern of human rights and of fundamental freedoms, achieving a
concordance between the principles of a democratic society: pluralism, the rule of law and the
separation of powers in the state and the representativeness.
The evolution of the society based on values such as freedom, justice, equality, responsibility and
tolerance can not be maintained only by the affirmation of the right to education perceived as solid
foundation, consciously assumed by each and every individual.
The right to education must be promoted and respected by correlating with the evolution of the
legislative, economic, and social-political system, through put control to the relationship between the
students, the judicial regulation and the labor market. Such an education provides equality of
chances for a continuous, varied and of good quality learning, with an emphasis on the skills, the
attitudes and the civic behavior reported to the community’s requirements.
The purpose of education in the third millennium advocates the need for the transmission of the
right to education by a culture in the spirit of the law, in which the judicial regulation is the epitome
of the organization, the functioning of the rule of law, and also the guarantor of respect for
fundamental human rights and freedoms.
Key-words: the right to education, law, democratic culture, fundamental rights and liberties,
public policies, legal system, accountability for social inclusion.
JEL classification K/K3/ K39
The evolution of national and international regulations of the right to
education constitutes a field of cooperation between Governments and
non-governmental organizations (NGOs), acting for the formation of a culture of
human rights among young people. The impact of education on the social
development, shows us that it is essential, as the idea of man's training to draw out
a philosophy of human rights, in preparation for a full life in relation to the
requirements of modern living and legal economical, social and political
Drd. S.N.S.P.A
Law Review vol. VI, special issue, December 2016, p. 59-65
Starting from the fundamental respect for the human being, for recognizing
the human dignity, these are matters of priority in maintaining and promoting
world peace, O.U.N. pays particular attention to the problems of
social-cultural-economic humanitarian issues which are also mentioned in the
form of universal rights and freedoms. All these have been materialized through a
holistic approach on the one hand supported by the science and human rights,
ensuring the means of implementation, as well as education in the spirit of respect
towards domestic and international standards. In this sense, education becomes
the process of humanization, underlining the idea that the man „cannot become
human unless he is educated”.
In other words, O.U.N. responsibility is to act on the basis of legal instruments
as the Universal Declaration of Human Rights, the International Covenant
concerning rights of economic, social and cultural natures, International Covenant
on Civil and political rights, different optional additional protocols, representing
today the core of the international law of human rights, „hereinafter referred to as
generic Charter of human rights”1.
It is commonly acknowledged that in order to guarantee and to effectively
exercise a right laid down in the mentioned above legal instruments it is needed,
the consecration of the right to education as a fundamental human right”2.
Regarded as a complex process accomplished through an endlessly chain of
actions with a view to transforming the individual into an active and creative
personality appropriate to economic and present and future legal administrative
conditions, the education is a prerequisite to sustainable development of our
contemporary democratic society.
In this respect, the right to education occupies a central place in the human
rights system as „mixed law, considered the most important of cultural rights and
duties pertaining to the second generation, giving reasons therefor on the
philosophy that cannot be guaranteed other than through positive action by the
State and which are linked by their nature of economic rights.”3
Public policies of the State offer an institutional framework of education as an
act freely consented to realize other rights and freedoms, in which they develop
their own platforms the ideal manifestations: education shall be directed to the full
development of human personality and strengthen respect for human rights and
fundamental freedoms4. In this respect we support that the right to education is in
a mutual interdependence with other freedoms recognized by international
1 Dr.I. Cloşc, jurist M. Mihil, The human rights in the UN system , vol. I, Ed. Moduş, 1997, p. 8.
2 Dr. A. V. Nedelcu Ienei, The right to education, a fundamental human right, Ed. IRDO, 2007, p. 35.
3 Prof. Univ. Dr. I. Moroianu Zlatescu, The right to education, a fundamental human right, Ed. IRDO,
2007, p. 13.
4 The Universal Declaration of Human Rights, art. 26, alin. (2).
The right to education – a sine qua non condition… 61
instruments, as well as „the size of their theoretical practical application, should be
regarded as a priority of educational policies”.5
Notice the trend that freedom of education is achieved through the existence
of an inclusive education system without discrimination on the basis of an efficient
training of young students. Recognition of the right to education and the right to
education as the foundation of the formation of a pluralistic society includes
functions which should settle the entire educational process:
the educational-formative function consists of the transmission of
information for the intellectual and attitudinal training, in accordance with the
regulations established by the educational authorities, saying that: ,,nobody can
deny the right to education. The State, in the exercise of its functions in the field of
education and teaching, will respect the right of parents to ensure such education
and teaching in accordance with their religious and philosophical convictions”6,
where education is manifested through the exercise of the right to instruct the
The right to training encapsulates the performance of young learners in a
chosen occupation, a requirement generated by all the factors of the State and
beyond, arguing that the right to education is treated in close correlation with the
right to work, the judiciary relationships concerning vocational training and the
right to work.7
the social function is aimed at achieving the educational ideal and its finality,
preparing the man for social roles ranging from the status of „consumer of
social resources” to the status of „producer” of social resources in the formation
and maintenance of a human community based on respect for the individual,
national and universal values, in a spirit of tolerance, understanding and peace:
„education (....) should promote understanding, tolerance, friendship among all
nations and all racial and religious groups ...”.8
the axiological moral function ensures the legal foundation principles of life
conduct which regulates the relationship between the person and the
authorities, causing the value of desirable criteria for achieving the social
distinction between right and wrong, moral and immoral, legally and illegally.
Transmission of moral and legal foundations takes us without enclosure
towards all the branches of law: constitutional, international, public,
administrative, criminal, civil, presented in the science of human rights. „Even in
5 Rezolution 56/9 March 1993 ac knowledged by OUN Comitee.
6 Additional Protocol of the European Convention oh Human Rights, adopted in Paris, March
20-th, 1952, art. 2.
7 Conf. Dr. M.I. Carcea, Introduction to Pedagogy, cap. I, Ed. Ghe Asachi, Iaşi, 2001, p. 113.
8 Idem 4.
language, that fundamental rights and freedoms are expressed is the legal manner,
they are above all notions of constitutional law and international law, responding
to each with their own characteristics to the requirements of the protection of the
human being”.9
Thus, one can specify the intervention of the State in guaranteeing and
protecting the constitutional laws on human rights, rights to subscribe to the
relationship between a person and the State, and the creation of a legal framework,
promoted and implemented by law, a necessary social cohabitation between
The right to education manifested through the act of learning demands for the
formation of habits of proper use of moral and legal norms in the contexts in which
the individual operates, thereby promoting the respect for law.
The provisions of article 32 of the Constitution of Romania, the right to
education is guaranteed through compulsory general education, upper secondary
education and through professional education, through higher education, and
other forms of training and retraining ", and article 5, paragraph 1. (1) of the
Education Act No. 84/1995, republished pursuant to article 1 of law No. 151/1999
approving the Government's urgent Ordinance No. 36/1997 modifying and
completing the law on education no. 84/1995, published in the Official Gazette of
Romania, part I, no. 370 of 3 august 1999 recognizes and guarantees the right to
education, as a law enshrining human rights and arise from the intervention of
public authorities, national public policies in the field of education, keeps attention
towards information campaigns in schools on topics connected with justice, come
to inform and complement the image and the importance of justice in society to
submit the measures to reform the judicial system and transparency of justice. At
the same time the respect of legal norms shall be transmitted to and through the
study of human subjects and socio-economic with legal and administrative traits
belonging to the pre-higher educational system, what is clear from the following
9 Prof. Univ. Dr. I. Moroianu Zltescu, Human Rights a dynamic and evolving process, Ed. IRDO,
2007, p. 22-23.
The right to education – a sine qua non condition… 63
The right to education – a sine qua non condition… 65
At the level of educational institutions to configure the report required
between the citizens and the future of the institution of justice through networking
with representatives of the judicial system and understanding the system in which
it functions, where the efficiency of an independent judiciary system must be a
major concern of every democratic State.
The rule of law must be put at the service of democracy and human rights,
and increase the effectiveness of law respect through education should be
consistently pursued. The citizen becomes the main vector of modernisation and
improvement in the act of justice.
By knowing and valuing law among young students an access route to the
present and future prepares the citizen for taking the relevant decisions concerning
the protection of the rights and fundamental human freedoms, the legal rules
imposed by the national and European legal system.
The need to promote the respect for the law through education produces
positive effects in the development and formation of future citizens of the rule of
As the law is the foundation of the establishment of any human community,
to maintain the socio-political balance, the right to education is the sine qua non in
the formation and transmission of respect for law.