Page 30 - Šolsko polje, XXXI, 2020, 3-4: Convention on the Rights of the Child: Educational Opportunities and Social Justice, eds. Zdenko Kodelja and Urška Štremfel
P. 30
šolsko polje, letnik xxxi, številka 3–4
violated, where the right to education is especially vulnerable. Education
is critical for the short-, medium- and long-run well-being of any child.
This article’s chief focus is on implementation and protection of the
child’s right to education, with four questions under consideration:
a) How is the right of the child implemented in important internation-
al human and children’s rights treaties?
b) Which protection is given in selected cases of infringements of a
child’s right to education?
c) How has the ECtHR decided with respect to limitations on the
child’s right to education?
d) How is the COVID-19 crisis impacting the child’s right to education?
The article builds on the premise that education is the right of every
child, not a privilege. Especially these days, the right to education is sub-
jected to various threats. The article analyses some of these and offers
solutions (especially those adopted by the ECtHR), which may be used
as good practice for Slovenian authorities. Namely, society (national and
international) has an obligation to fulfil children’s right to education.
Another purpose of the article is to provide an overview and insights into
children’s right to education, which may help teachers, directors, pupils,
parents and anyone else interested in the topic improve their knowledge
and understanding of this fundamental right of the child. The basic re-
search methodology underpinning the article is doctrinal legal research
(also called ‘black letter’ methodology), which focuses on the letter of the
law. Using this method in the present article, the author conducts a de-
scriptive analysis of legal rules relating to the child’s right to education
(e.g. in international treaties, constitutions, acts, cases). In pursuing the
research questions, the article contains introduction and conclusion sec-
tions, along with three main chapters: Right to education as the child’s
right in an international perspective, Right to education in light of the
ECHR and its selected judgments and COVID-19 crisis and the child’s
right to education.
The child’s right to education – an international perspective
Adopted in 1989, the United Nations Convention on the Rights of the
Child (UNCRC) is the first international binding instrument to ex-
plicitly recognise children as human beings with innate rights (Odink,
2019, p. 2). The UNCRC provides the most complete statement of chil-
dren’s rights ever produced and is the most widely-ratified internation-
al human rights treaty in history. The Convention has been ratified by
28
violated, where the right to education is especially vulnerable. Education
is critical for the short-, medium- and long-run well-being of any child.
This article’s chief focus is on implementation and protection of the
child’s right to education, with four questions under consideration:
a) How is the right of the child implemented in important internation-
al human and children’s rights treaties?
b) Which protection is given in selected cases of infringements of a
child’s right to education?
c) How has the ECtHR decided with respect to limitations on the
child’s right to education?
d) How is the COVID-19 crisis impacting the child’s right to education?
The article builds on the premise that education is the right of every
child, not a privilege. Especially these days, the right to education is sub-
jected to various threats. The article analyses some of these and offers
solutions (especially those adopted by the ECtHR), which may be used
as good practice for Slovenian authorities. Namely, society (national and
international) has an obligation to fulfil children’s right to education.
Another purpose of the article is to provide an overview and insights into
children’s right to education, which may help teachers, directors, pupils,
parents and anyone else interested in the topic improve their knowledge
and understanding of this fundamental right of the child. The basic re-
search methodology underpinning the article is doctrinal legal research
(also called ‘black letter’ methodology), which focuses on the letter of the
law. Using this method in the present article, the author conducts a de-
scriptive analysis of legal rules relating to the child’s right to education
(e.g. in international treaties, constitutions, acts, cases). In pursuing the
research questions, the article contains introduction and conclusion sec-
tions, along with three main chapters: Right to education as the child’s
right in an international perspective, Right to education in light of the
ECHR and its selected judgments and COVID-19 crisis and the child’s
right to education.
The child’s right to education – an international perspective
Adopted in 1989, the United Nations Convention on the Rights of the
Child (UNCRC) is the first international binding instrument to ex-
plicitly recognise children as human beings with innate rights (Odink,
2019, p. 2). The UNCRC provides the most complete statement of chil-
dren’s rights ever produced and is the most widely-ratified internation-
al human rights treaty in history. The Convention has been ratified by
28
