The rights to education, a strategic priority of the 70th anniversary of the Universal Declaration of Human Rights
| Author | Elena Roxana Visan |
| Position | Ph-D candidate, National University of Political Studies and Public Administration, Faculty of Public Administration, Romania, Member of the European Law Institute (ELI) |
| Pages | 51-59 |
The rights to education, a strategic priority 51
The rights to education, a strategic priority of the 70th anniversary
of the Universal Declaration of Human Rights*
Elena Roxana VIŞAN1
Abstract:
This article aims to be an incurs on the evolution and affirmation of the right to
education in the human rights system, in order to offer suggestions on collective hope of
transforming the world and providing a better future for the next generations. Such a
manifestation is achievable by a political will, the creator of an equalitarian model, to
redistribute utopian visions of human freedoms. Considered as a unique window to the
fundamental problems of human dignity at the societal level, the Universal Declaration of
Human Rights affirmed over the seventy years the legitimacy of human rights in the face
of global challenges and ensured the diversity of universal thinking. Considered one of the
fundamental human rights, yesterday's education, today and tomorrow, is the main
pylon in finding answers to global issues. Now is the time to take stock of progress and to
identify strategic priority areas for the effective implementation of Agenda 2030 on
Global Education.
Keywords: public law, human rights law, right to education, strategic priority,
education for human right, lifelong learning.
1. CONCEPTUAL CUES
Proceeded from a long and continuous struggle of generations of nations,
human rights originated in the philosophical aspirations of all time, in the advent
of the individual towards a better world, where human dignity is recognized by
the credible standards of human creation, an illustrious means of initiating and
grounded progress for all nations of the world.
The 20th century has given all nations the legitimacy of applying and
promoting human rights through an international document that would be the
standard of the struggle for justice and freedom, the book of an age based on the
fundamental freedoms of human on equal opportunities: The Universal
Declaration of Human Rights, meaning and will of the deepest ideals of human
forever.
1 Ph-D candidate, National University of Political Studies and Public Administration, Faculty of
Public Administration, Romania, Member of the European Law Institute (ELI).
Law Review vol. X, issue 2, July-Decembre 2019, pp. 51-59
52 ELENA ROXANA VIŞAN
Under this form, the international community opens up new horizons
towards a political structure of human freedom, generating will, ability to
achieve economic and social progress - the basis of true world peace. Addressed
as an "international code of conduct for the promotion and protection of human
rights," the Universal Declaration of Human Rights sets out a common goal to be
achieved in the interest and benefit of mankind.
The content of the Declaration has been capitalized during history by deepening
international instruments such as The International Covenant on Economic, Social and
Cultural Rights, The International Covenant on Civil and Political Rights, having a
fundamental role in ensuring civil, political, economic, social rights and cultural, form of
assuming the obligation to guarantee them, by the signatory states. These documents
directly reflect the international community's struggle to ensure the protection and
enforcement of human rights and fundamental freedoms, where the United Nations
General Assembly at the 1968 Tehran Conference demanding all states to use "all
necessary means of education" for the young generation is a society built in the spirit of
respect for human dignity and equality of rights [1].
The right to education, considered as an essential tool in the free exercise of all
human rights, ensures the plenitude evolution of the human being at different levels and
forms, in time and space. In order to exercise the right to education, we must treat the
concept from the perspective of two components that forms its general meaning: the
right to learning as an integral part of the right to education, with a spectrum of
influence, limited by the accumulation of theoretical and practical knowledge in
a certain field of activity, as well as the right to professional training, in accordance
with the psychic skills of each individual. Even though a direct connection
between education and learning, [2], education is not only acquiring information,
it is continuous source of evolution and growing. Having this in mind, the
purpose of education is to „create responsible and professional individuals,
capable to make decisions and applying them in the real life. We reiterate that
education does not begin and end with the right to go to school, but it continues
during the whole life of the individuals”, [3].
Starting from this assumption, education guides us to a society of progress,
of the common good, where the human factor deliberately and responsibly
participates in the development of intellectual, physical, spiritual and moral
capacities, [4]. Creating a better world has prompted the countries to adopt new
global educational policies to promote and exercise the right of education, a
strategic tool to promote and increase the degree of democracy in human
communities, the irrefutable valor of humans, as divine creation.
The right to education, essential for the evolution of the relations between
peers, inter and state ones has became a general priority of the sec. XX - XXI,
through eliminating discrepancies, inequalities between people, promoting a
culture of peace that encourages the respect for the life and dignity of every
human being without prejudices or discrimination of any kind, [5]. The right to
The rights to education, a strategic priority 53
education, considered universal priority, through the manifestation in a formal,
nonformal, uninterrupted framework, is the foundation of sustainable
development, economic growth, equal opportunities, gender and global
citizenship. In this way, education, in relation to the human whole, becomes global
and spreads to the entire social, economic, political and cultural universe, [4].
2. STRATEGIC PRIORITIES OF THE RIGHT TO EDUCATION
The harmonization of individual and collective needs has boosted the 70th
anniversary of the Universal Declaration of Human Rights, a strategic planning of
how to exercise the right to education, a dichotomy through educational policies
that mark permanent lifelong learning, and a universal, constructive social
dialogue that provides education for human rights.
The strategic dichotomy used by political decision-makers has led to a
"formal official moral of all states", [6] recognized by the principle of self-
executing, which consists in the "direct application of international
understandings in the national legislation of the participating states with priority
over the internal legislation, those rights are ipso facto found", [7]. The process of
legitimizing the self-executing principle thus creates, at the level of national law,
the obligation to recognize human rights as a system of legal force which "confers
to the holder not a power of free choice and freedom of action but also a debt to
society". In this sense, there is a distinction between human rights and those
expressing the power to ask (pouvoir d'exiger) which confers on the holder a
claim against the state and those which confer the power to act (pouvoir d'agir),
represented of traditional freedoms, [7].
These considerations implicitly converge to the marking of the right to
education as a right to second-generation rights, [8], made by state intervention, in
the sense that it legally presupposes a state debt, [7], and at the same time is a
right guarantees the access to cultural manifestations of the person's identity, to
the development and professional training, which the perfection of the human
being can not be possible, [4] and the sustainable evolution of the contemporary
society.
We consider it natural and necessary to identify the ultimate goal to be
achieved by the strategy of promoting the right to education, namely the
promotion and implementation of lifelong learning and human rights education,
thus enabling us to provide relevant policy-makers with relevant solutions to
ensure continuity and social cohesion, competitiveness and growth, vital actions
for sustainable investment towards young people.
The bipolar approach offers lifelong learning the opportunity to assert itself
through a characteristic diversity that includes novelty elements for the evolution
of the young generation, and human rights education gives it a prime place in
54 ELENA ROXANA VIŞAN
ensuring a culture of peace, common good, through the recognition that "human
rights are more than just a source of inspiration, they are a moral and political
imperative that applies to the relations between states and peoples as much as
within the state and between individuals", [9]. In this case of permanent
education, a number of elements are highlighted, defining its continuous, global
and completeness character, thus ensuring the process of "improving the
personal, social and professional development throughout the life of individuals,
[10].
The continuing character of permanent education dictates the non-abolition
of the act of education by the fact that the human being is given the unlimited
access to development and affirmation, [4], stemming from the "right of the
individual to education as a way of adapting to the increasingly complex
requirements of the environment. The right to education becomes the right of the
individual to permanent education", [11].
The global character is supported by "the personality of the person, on the
one hand, and the character of the phenomenon globality, on the other hand,
explains this characteristic. The roles that the individual fulfills coexist at all
times", [11]. Speaking of the individual's universality, we will find the universal
need for knowledge and evolution, which interpenetrates as a perfect symbiosis
with the radical changes of the environment, with the transformational process of
social-political and economic life.
The third characteristic, the completeness of the permanent education, is
identified by the inclusion in the horizontal plane of different mental structures
of the individual (of intellectual, motivational, attitude, etc.) as well as the
sources of formal and informal experience influencing the formation of the
individual, [11]. Here comes the role of education institutions that must ensure a
quality education based on social cohesion and an open society, essential for the
individual, for lifelong employability and also for addressing and solving global
societal problems.
Human Rights Education, a strategic element in the exercise of the right to
education, is defined in the Charter of the Council of Europe as "education,
training, awareness, information, practices and activities aimed at providing
knowledge and skills through the development of the skills and behaviors of the
trained, acquiring the means to participate in building and defending a universal
culture of human rights in society, in order to promote and protect human rights
and fundamental freedoms", [12]. At the same time, this form of education aims
at creating a universal human culture, (...) with a useful role in a free society
contributing to the United Nations peace-keeping activities, [2].
In this way, we can notice that education for human rights aims the theoretical
elements by giving knowledge in the field, as well as developing skills among the
targeted youth, shaping attitudes and behaviors that form a lifestyle. In order to
The rights to education, a strategic priority 55
achieve the education for human rights, the international community has
requested through international documents, the implementation of a joint effort
to develop men fundamental rights and liberties, respecting the principle of
equality, non-discrimination, in accordance with features such as universality,
inalienability and indivisibility.
The literature draws attention to the fact that education for human rights is
carried out simultaneous on two levels: human rights in education and human rights
through education, being a complex process that contributes to strengthening
respect for rights and freedoms, promoting equality of all kinds, understanding
between the nations of the world, creating a free society governed by the rule of
law, effective participation of all peoples in the democratic process. Human rights
through education favorize the development of education as a training and
learning process by using active and participatory techniques and methods in
order to obtain knowledge specific to human rights, and human rights in
education represents the necessity to respect human rights, all players, and the
exercise of rights within the educational system, [13]. It is revealed to us the
purpose of global action regarding education: it is a continuous process, as a
unitary commitment to the exercise of the right to education supported by a
vision and political will reflected in many international and regional human
rights treaties where this right is stipulated; its interdependence with other
human rights.
The commitment for education emphasizes the motto "Let’s improve our
lives!" giving education the importance, it deserves as a basic factor in the
development and realization of other rights and liberties. The cornerstone of any
global action concerning human rights and liberties, the right to education forces
the decisional factors in politics to reject all forms of social exclusion, focusing on
all those who are disadvantaged to be convinced that no one and no one will be
lacking in knowledge and development.
3. MAIN INTERNATIONAL INTRUMENTS FOR EXERCISING THE
RIGHTS TO EDUCATION
Consolidating and integrating elements of the educational spectrum The
Universal Declaration of Human Rights is proclaimed as a common ideal in which
all the parts of society, such as through learning and education, develop respect
for rights and liberties and ensure through progressive, national and
international measures, their universal and effective recognition and
enforcement, both for the peoples of the Member States, as well as for those in
the territories under their jurisdiction.
The highlighted aspects guide us towards the mission of the right to
education, to favorize the development of human rights recognition, and
56 ELENA ROXANA VIŞAN
legitimizing the actions of all U.N. members to act in the spirit of international
cooperation with a view to a universal and effective human rights commitment.
The human rights long-term U.N. goals, [14], become of international
concern, their recognition being the foundation of freedom, justice and peace in the
world. Referring to the magnitude of human rights „standards/instruments”, it
has been found that U.N. adopted documents are of a universal nature,
conferring non-discriminatory and equitable application to all its member states.
The genuine and positive effort of signatory states, universal legal
instruments - valid, is highlighted by the United Nations Charter, which
provides for "social progress and better living conditions in a greater freedom"
through "international cooperation in the economic, social, cultural, education
and health, and to support the realization of human rights and fundamental
freedoms for all, regardless of race, gender, language or religion", [15]. Art. 55, al.
9 of the Charter of the United Nations on Economic and Social Cooperation is
very relevant in presentation in terms of legal obligation in the fields of culture
and education, which ensures the principle of the equality of peoples' rights.
A series of international instruments have been created, through the gained
global experience in order establish the human rights science, implemented
through actions of common interest, supporting and advocating human
freedoms, identifying levers of research, deepening and promoting to educate
them in the spirit of peace, positive attitudes, equal opportunities and treatment.
For this purpose, in order to offer suggestions on the collective hope of
transforming the world and ensuring a better future for the generations to follow,
international bodies playing a role in defending human rights have decided that,
over the course of the decades, common actions, which capitalize on the right to
education. Actions like: The World Human Rights Conference (1993), Millenium
Declaration 2000, The World Decade of Human Rights Education (1995-2004), The
International Decade For The Culture of Peace and Nonviolence (2001-2010),
encouraged the promotion and assumption by state and non-state actors of
objectives to eliminate obstacles that alter or cancel development, such as:
awareness of human rights, universal commitment of states, formation of a
culture of human rights, knowledge, understanding and protection of rights
children and women, ensuring sustainable development of the environment,
building a better world by deepening respect for human dignity and its values,
reducing extreme poverty, ensuring primary education for all, gender equality,
encouraging respect for life, strengthening a culture of peace by encouraging
tolerance and non-discrimination.
A new challenge in this respect is recorded in another decade of time, which
targets sustainable development programs, eliminating imbalances of any kind:
The Incheon Education Forum, U. N. Decade of Education for Sustainable Development
(2005-2014), The Worldwide Program Regarding Human Rights Education, The 2030
The rights to education, a strategic priority 57
Agenda, [16]. The above mentioned actions have highlighted values and
principles that propose to solve some of humanity present challenges. These
include: integration of sustainable development practices in education, social
inclusion in the education process, reforming an education system, achieving
interdependence between the environment, society and the economy, applying
human rights education at all levels of study, training education specialists, the
adoption of a global citizenship that responds to policies to strengthen human
rights, educate public consciousness on political involvement and use of
resources of any kind.
Even though the content of these actions has been more or less equal to
individual and collective performance, it is now time, at the 70th years to adopted
The Universal Declaration of Human Rights, to analyze progress and identify the
effects of promoting the right to education as a strategic priority in ensuring a
culture of rights man. In this context, we have approached a modern method of
analyzing the right to education, the SWOT analysis, in order to effectively capture
the balance of actions and programs on the right to education as follows:
STRENGHTS: ensuring a legitimate framework for affirming the right to
education, elimination of discrimination and the implementation of equal
treatment, identifying a new framework for personal and collective progress,
Stimulating tolerance, positive social realities among people, acquiring key
competences for lifelong learning, assimilation of values and good models
practices for young people and adults, equal access to education and training
opportunities and affirmation of social success.
WEAKNESSES: low number of candidates available on the labor market,
lack of specific professional skills - general skills, lack of experience required for
this job, the relationship between the labor demand represented by the
employers and the labor supply represented by the labor force, the allocation of
financial resources is unfair in the weaker countries developed and developing,
insufficient investment in technology, material resources, teacher training.
OPPORTUNITIES: forms the mental infrastructure of the social system
globally, human resources create the resources that are able to function
effectively in present and future society, develop professional competencies
materialized in key competences, deepen learning experiences with optimistic
perspectives for the insertion of future employees into the labor market, provide
a way of being, living, assume the rhythm and dimensions of life, offer
perspectives of democratizing the education system by guaranteeing the right to
education as a continuous process of free, integral and harmonious development
of human individuality, ensure an inclusive education based on equal treatment
and non-discrimination.
TREATS: the quality of educational services decreases due to the lack of
low-skilled and inefficient staff; engaging in the labor market an inefficient
58 ELENA ROXANA VIŞAN
human resource in delivering education; deficiencies in skilling of human
resources in line with the diversification of the labor market; increasing the
dropout rate;
To conclude, the right to education has a central role in defining the objectives
of sustainable development through the existence of a strategic priority which
must be explicitly recognized as a fundamental pillar by: effective cooperation
and coordination among the political decision-makers of the international
communities, rigorous planning of public expenditures on education in line with
the priorities of each country, the completion of education investments by the
governments of the involved states, the provision of international collaboration,
through concrete means of supporting the education process, in situations of
prolonged humanitarian crisis.
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The rights to education, a strategic priority 59
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