Page 77 - 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. 77
m. šimenc, z. kodelja ■ the realization of the right to education in slovenia
2011) therefore allows private initiative in education, but it is at the same
time conditioned: the limitation refers to the quality of curricula. If a cur-
riculum does not meet the required standards of quality, it is not publicly
recognised, as it would not be in line with the children’s right to education.
Slovenia thus provides the right to the establishment and manage-
ment of private schools which is indirectly written in Paragraph 2 of
Article 29 of the Convention11, and is also ensured by other internation-
al documents on human rights,12 although they refer more directly to the
right of parents to educate their own children in conformity with their re-
ligious or philosophical convictions. The obligation of the state depends
firstly on whether the right is understood as a positive or as a negative. A
negative right means that each parent has the right to establish or choose
the school for his/her children according to his/her own religious, mor-
al convictions, while the state protects this right and doesn’t limit it with-
out adequate reasons and are provided by law. A positive right means that
the state enables each parent to exercise this right by establishing and/or
financing private schools. The dilemma pertaining to this is whether to re-
gard this right as a negative or as a positive. Paragraph 2 of article 29 states
that no part of the present article or article 28 ‘shall be construed so as to
interfere with the liberty of individuals and bodies to establish and direct
educational institutions’. The right in the Convention is thus written neg-
atively – it is not allowed to prohibit private schools.
Nevertheless, a 1984 European Parliament resolution, which as a res-
olution is not legally binding for member states, tries to relate private ed-
ucation with a positive right, as it states amongst other things that: a) it
cannot be the duty of the State to recommend or give preferential treat-
ment either to denominational schools in general or to schools of a par-
ticular denomination; b) it is the duty of the State to provide the necessary
11 No part of the present article or article 28 shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational institutions, subject
always to the observance of the principle set forth in paragraph 1 of the present article and
to the requirements that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
12 ‘The States Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to choose for their children schools, other
than those established by the public authorities, which conform to such minimum educa-
tional standards as may be laid down or approved by the State (International Covenant on
Economic, Social and Cultural Rights, Article 13.3). We can find similar provision in the
Convention against Discrimination in Education, ‘ The States Parties to this Convention
agree that: ... It is essential to respect the liberty of parents and, where applicable, of legal
guardians, firstly to choose for their children institutions other than those maintained by
the public authorities but conforming to such minimum educational standards as may be
laid down or approved by the competent authorities.’ (Article 5.b)
75
2011) therefore allows private initiative in education, but it is at the same
time conditioned: the limitation refers to the quality of curricula. If a cur-
riculum does not meet the required standards of quality, it is not publicly
recognised, as it would not be in line with the children’s right to education.
Slovenia thus provides the right to the establishment and manage-
ment of private schools which is indirectly written in Paragraph 2 of
Article 29 of the Convention11, and is also ensured by other internation-
al documents on human rights,12 although they refer more directly to the
right of parents to educate their own children in conformity with their re-
ligious or philosophical convictions. The obligation of the state depends
firstly on whether the right is understood as a positive or as a negative. A
negative right means that each parent has the right to establish or choose
the school for his/her children according to his/her own religious, mor-
al convictions, while the state protects this right and doesn’t limit it with-
out adequate reasons and are provided by law. A positive right means that
the state enables each parent to exercise this right by establishing and/or
financing private schools. The dilemma pertaining to this is whether to re-
gard this right as a negative or as a positive. Paragraph 2 of article 29 states
that no part of the present article or article 28 ‘shall be construed so as to
interfere with the liberty of individuals and bodies to establish and direct
educational institutions’. The right in the Convention is thus written neg-
atively – it is not allowed to prohibit private schools.
Nevertheless, a 1984 European Parliament resolution, which as a res-
olution is not legally binding for member states, tries to relate private ed-
ucation with a positive right, as it states amongst other things that: a) it
cannot be the duty of the State to recommend or give preferential treat-
ment either to denominational schools in general or to schools of a par-
ticular denomination; b) it is the duty of the State to provide the necessary
11 No part of the present article or article 28 shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational institutions, subject
always to the observance of the principle set forth in paragraph 1 of the present article and
to the requirements that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
12 ‘The States Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to choose for their children schools, other
than those established by the public authorities, which conform to such minimum educa-
tional standards as may be laid down or approved by the State (International Covenant on
Economic, Social and Cultural Rights, Article 13.3). We can find similar provision in the
Convention against Discrimination in Education, ‘ The States Parties to this Convention
agree that: ... It is essential to respect the liberty of parents and, where applicable, of legal
guardians, firstly to choose for their children institutions other than those maintained by
the public authorities but conforming to such minimum educational standards as may be
laid down or approved by the competent authorities.’ (Article 5.b)
75
