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Legal mechanisms for the protection of the right to education for persons who have experienced violence due to their political activities

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 10.06.2024

Lawyer

Legal mechanisms for the protection of the right to education for persons who have experienced violence due to their political activities

Introduction
The right to education is one of the fundamental human rights enshrined in numerous international and national legal acts. It provides equal access to quality education for all, without any discrimination. However, unfortunately, in the conditions of armed conflicts and political persecution, this right is often violated. Persons who have experienced violence due to their political activities may face a number of obstacles in realizing the right to education. In this regard, there is a need to consider legal mechanisms that can be used to protect this right and ensure access to quality education for the specified category of persons.

Legal opinion
The right to education is guaranteed by the Constitution of Ukraine, in particular by its articles, which provide that full general secondary education is mandatory, and the state ensures the availability and free of charge of preschool, full general secondary, vocational and technical, higher education in state and communal educational institutions.

An important legislative act in this area is the Law of Ukraine "On Education", which enshrines the right of every person to obtain an education and equal access to educational services, as well as the principles of equality, non-discrimination and academic integrity in the field of education.

Legal opinion of a lawyer 

Thus, according to the current legislation, persons who have experienced violence due to their political activities have the same right to education as all other citizens of Ukraine. Any attempt to limit them in this right or to create barriers to access to educational services is unacceptable and must be properly prevented and eliminated.

In case of violation of their right to education, victims can apply to the court for its protection. According to Article 55 of the Constitution of Ukraine, everyone is guaranteed the right to appeal in court decisions, actions or inaction of state authorities, local self-government bodies, officials and officials.

Consultation of a lawyer and analysis of documents  / legal analysis of the situation 

In order to effectively protect their right to education, individuals who have experienced violence due to political activity are advised to consult with a qualified lawyer. During the consultation, the lawyer will be able to analyze the available documents and the situation as a whole, provide a legal opinion on possible ways to solve the problem, and prepare the necessary legal documents.

In particular, a lawyer can help with formal appeals to state authorities, local self-government and educational institution management regarding the provision of the right to education, as well as with the preparation of claims to the court if necessary.

The involvement of an experienced lawyer will significantly increase the chances of successful defense of the right to education for persons who have experienced violence due to their political activities.

Conclusion

The right to education is an inalienable right of every person, which is guaranteed by the Constitution of Ukraine and other legislative acts. Persons who have experienced violence due to their political activity cannot be discriminated against and restricted in the exercise of this right. In case of violation of the right to education, victims can apply to the court for its protection. However, for the most effective defense of your interests, it is recommended to use the advice of a lawyer who will be able to analyze the documents, provide a legal opinion and prepare the necessary legal documents.

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