Publication date: 28.05.2024
Lawyer
The events of 2022, when the Russian Federation launched a full-scale war against Ukraine, caused an unprecedented humanitarian crisis that affected all spheres of life of the Ukrainian people. One of the most vulnerable sectors was the education system, which suffered the devastating impact of military operations. Ensuring the realization of the right to education in the conditions of war became a challenge for the state and the entire society. In this article, we look at the legal mechanisms that will help protect and guarantee the right to education during martial law.
Legal basis
The legal basis for ensuring the right to education in Ukraine is the Constitution of Ukraine, the Law of Ukraine "On Education", international treaties approved by the Verkhovna Rada of Ukraine as binding, and other legal acts. In particular, the Constitution of Ukraine guarantees the right to education, and also establishes the obligation of complete general secondary education.
During martial law, special legal norms defined by the Law of Ukraine "On the Legal Regime of Martial Law" apply. This law, among other things, provides for the possibility of temporarily restricting the constitutional rights and freedoms of a person and a citizen, in particular the right to education.
Consultation of a lawyer or the legal analysis of the situation
In order to properly ensure the right to education in wartime, it is recommended to seek legal advice from a qualified lawyer online or lawyer offline. The specialist will be able to analyze the documents regulating the education process during martial law, provide a legal opinion on possible violations of the right to education and suggest ways to eliminate them.
The lawyer's legal and legal opinion can become the basis for further actions to restore the violated right to education, in particular:
- An appeal to state authorities and local self-government bodies with a demand to take measures to ensure the continuity of the educational process;
- Complaining of illegal actions or inaction of officials, institutions and organizations that led to the violation of the right to education;
- Initiation of court proceedings in order to protect violated rights and interests.
Alternative forms of education
In connection with the military operations, a large number of educational institutions were forced to temporarily stop their work or transfer the educational process to an online format. Distance education has become the only possible option for continuing education in many regions of Ukraine.
The legislation of Ukraine provides for the possibility of obtaining education in various forms, in particular external, family (home), pedagogical patronage and others. These alternative forms of education can be a solution to ensure the right to education in wartime conditions.
However, it should be noted that the transition to a distance or other alternative form of education should not lead to a deterioration in the quality of education or limit access to it for certain categories of pupils and students. The state must take all necessary measures to ensure equal opportunities in obtaining education, regardless of the form of its acquisition.
Conclusions
Ensuring the right to education during hostilities is a complex task that requires a comprehensive approach and the involvement of all available legal mechanisms. Consulting a lawyer, analyzing documents and obtaining a legal opinion from a lawyer can be the first step to restoring violated rights.
The state should make maximum efforts to minimize the negative impact of military actions on the education system, providing alternative forms of education and creating safe conditions for acquiring knowledge. Only if we respect the right to education will we be able to raise future generations capable of rebuilding and developing Ukraine in peacetime.
