OMBUDSMEN AS NATIONAL INSTITUTION FOR PROTECTION OF THE RIGHT TO EDUCATION IN UKRAINE

Authors

  • Olga Melnychuk Vinnytsia National Agrarian University (UA)
  • Maksym Melnychuk Vinnytsia National Agrarian University (UA)

DOI:

https://doi.org/10.17770/sie2018vol1.3166

Keywords:

human rights, right to education, ombudsman, control, protection of rights

Abstract

Under the conditions of an armed conflict in Eastern Ukraine the level of ensuring the fundamental human right to education is being reduced. Therefore there is a need to search for additional mechanisms of the protection of the right to education, among which must be singled out such an extra-judicial human rights mobile institution as an ombudsman. All this stipulates the purpose of the article: to find out the role of the Ukrainian Parliament Commissioner for Human Rights, the Commissioner of Ukraine on the rights of the Child and the Educational Ombudsman to ensure the right to education in Ukraine. During the study, such methods as the analysis of scientific literature, normative legal acts in the field of the right to education and annual reports of the Ukrainian Parliament Commissioner for Human Rights were used. The research results of the Razumkov Center (Ukraine) regarding the attitude of citizens to the Ukrainian Parliament Commissioner for Human Rightshave been analyzed. As a resultit was discovered that the measures taken by the Ukrainian Parliament Commissioner for Human Rights and the Commissioner on the rights of the Child for the right to education are active and effective. In the society the legislative introduction of the post of educational ombudsman as an additional human rights institution in the field of education in Ukraine is positively evaluated. The conducted study shows that subsidiary, non-judicial means of protection of the right to education in Ukraine have greater authority among Ukrainian citizens than the judicial system.

Downloads

Download data is not yet available.

References

Federal Law on External Quality Assurance in Higher Education and the Agency for Quality Assurance and Accreditation Austria (2011), [Online]. Available: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007384 .

Fomenko, M. (2011) Concerning the establishment of the Ombudsman Institute on the rights of the Child in Ukraine, Collection of scientific works of Kharkiv National Pedagogical University named after G. S. Skovoroda. Series Law, Ukraine, 17, 186-191.

Hill Robles, A. (2004) Parliamentary Control over Administration (Institute of Ombudsman), Moscow, Moscow School of Political Studies.

Karpachova, N. I. (2010) Status of Observance and Protection of the rights of a child in Ukraine: Special report of the Commissioner of Verkhovna Rada of Ukraine on Human Rights. To the 20th anniversary of Ukraine's ratification of the United Nations Convention on the rights, Kyiv, Ombudsman of Ukraine.

Khomyshyn, I. (2017) Introduction of the Institute of Educational Ombudsman in Ukraine, Precarpathian Legal Bulletin, 4 (19), 66-69.

Kovalsky, V. (2005). Authorized Representative of Verkhovna Rada of Ukraine on Human Rights (activity), International Police Encyclopedia in Vol. 10, Vol. II, Human Rights in the Context of Police Activity, Kyiv, 1077-1078.

Kuzma, T. M. (2011). Institute of Ombudsman: Process of Formation and Essence, Slavic Bulletin, Rivne, Ukraine, 11, 193-197.

Law of Ukraine On Education, adopted on September 5, 2017 (2017), The Official Bulletin of the Verkhovna Rada of Ukraine, 38-39, 380.

Lesko, N. V. (2015). General characteristic of the legal status of the Commissioner of the President of Ukraine on the rights of a child, [Online]. Available: http://ena.lp.edu.ua:8080/bitstream/ntb/31922/1/12-74-78.pdf.

Lutkovska, V. (2017). Annual report of the Ukrainian Parliament Commissioner for Human Rights on the state of observance and protection of human and civil rights and freedoms in Ukraine, Kyiv, Human rights, 567-568.

Martselyak, O. (2004). Constitutional and legal status of Ombudsman Institute: world experience and Ukrainian model, [Online]. Available: http://dspace.onua.edu.ua/bitstream/handle/11300/1351/%20%20%20%20%20%20%20%20.pdf?sequence= 1).

Mendzhul, M. (2017). Some problems concerning the right to education of children in the context of territorial integrity violation, Visegrad Journal of Human Rights, 2/1, 138-143, [Online]. Available: http://vjhr.sk/archive/2017_2/part_1/22.pdf.

Nikol'skaya, O.V. (2014). The Ukrainian Parliament Commissioner for Human Rights in the mechanism of protection of human and citizens' rights and freedoms, Journal of Law of Donetsk University, Ukraine, 1-2, 9-14.

Pashuk, T. I. (2007) The right of a person to an effective state defense of his rights and freedoms, Lviv, Ukraine.

Question of the authorized representative of the president of Ukraine on the Rights of a Child, Decree of the President of Ukraine dated August 11, (2011), Official Gazette of Ukraine, 63.

Reif, L. C. (1999) The Promotion of International Human Rights Law by the Officer of the Ombudsman, The International Ombudsman Anthology: Selected Writings from the International Ombudsman Institute, Tha Hague, Tha Netherlands, International Ombudsman Institute, 271–316.

Results of the sociological survey (2017), [Online]. Available: http://razumkov.org.ua/uploads/socio/Press0417.pdf.

Sirah, I. (2016). Establishment of the Ombudsman Institute on the Rights of the Child in Ukraine, [Online]. Available: http://academy.gov .ua / ej / ej16 / txts / 12SIBPDU.pdf.

Sungurov, A. (2005). Institute of Ombudsman: Evolution of Traditions and Modern Practice (Experience of Comparative Analysis), St. Petersburg, Russia.

The Constitution of Ukraine, adopted on June 28, 1996 (1996), The Official Bulletin of the Verkhovna Rada of Ukraine, 30, 141.

Downloads

Published

2018-05-25

How to Cite

Melnychuk, O., & Melnychuk, M. (2018). OMBUDSMEN AS NATIONAL INSTITUTION FOR PROTECTION OF THE RIGHT TO EDUCATION IN UKRAINE. SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference, 1, 394-404. https://doi.org/10.17770/sie2018vol1.3166