Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol. 40, Nº 73 (2022), 330-344
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Dialectics of rights and
responsibilities in education
DOI: https://doi.org/10.46398/cuestpol.4073.17
Nataliya Davydova *
Iryna Pokhylenko **
Nina Mialovytska ***
Nina Zlatina ****
Olesia Otradnova *****
Abstract
The objective of the article was to analyze the dialectic of rights
and responsibilities in education. The importance of education
is so great that the thesis of the responsibility of the person to
receive education has now been recognized. In order for the right
to education to be exercised, the domestic law of states provides
for a set of responsibilities for participants in the educational
process, the implementation of which actually guarantees access
to education. The real economic opportunities of States have a great impact
on the real content of the dialectical process of interaction of rights and
responsibilities in the eld of education. The relationship between the
participants in the educational process is regulated at several levels: rst,
the rules of domestic law and then the contractual level, represented by the
statutes of educational institutions, comes into force. It is concluded that, in
the most advanced systems, there may be a level of intra-group agreements
that are completely voluntary. The practical content of the educational
process is inuenced by several factors, including ideology, the objectives
set by a given society, the traditions and customs that have developed in it.
* Doctor of Science of Law, Professor Leading Researcher, Department of Private Law Academician
F.H. Burchak Scientic and Research Institute of Private Law and Entrepreneurship of the National
Academy of Legal Sciences of Ukraine, 01042, 23-a Raevsky Str., Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-2362-3724
** Candidate of Science of Law, Docent, Associate professor, Department of Political Science and Law Kyiv
National University of Construction and Architecture Kyiv 03037, Povitrootsky Avenue 31. ORCID
ID: https://orcid.org/0000-0001-5409-7408
*** Doctor of Law, Professor Department of Constitutional Law Taras Shevchenko National University of
Kyiv 60 Volodymyrska Street, Kyiv, Ukraine, 01033. ORCID ID: https://orcid.org/0000-0003-2861-
9879
**** Candidate of Juridical Sciences Associate Professor Department of Management and Marketing Kyiv
National Linguistic University 73 Velyka Vasylkivska Street, 03680, Ukraine Kyiv-150. ORCID ID:
https://orcid.org/0000-0002-7674-9793
***** Professor Civil law department, Law School Taras Shevchenko national University of Kyiv 60
Volodymyrska street, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-4206-8412
331
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
Keywords: educational process; legislation; actual content of rights and
responsibilities; education law; dialectic of rights.
Dialéctica de derechos y responsabilidades
en la educación
Resumen
El objetivo del artículo fue analizar la dialéctica de derechos y
responsabilidades en la educación. La importancia de la educación es tan
grande que en la actualidad se ha reconocido la tesis de la responsabilidad
de la persona de recibir educación. Para que el derecho a la educación
pueda ser ejercido, el derecho interno de los estados prevé un conjunto
de responsabilidades para los participantes en el proceso educativo, cuya
aplicación garantiza realmente el acceso a la educación. Las oportunidades
económicas reales de los Estados tienen un gran impacto en el contenido
real del proceso dialéctico de interacción de derechos y responsabilidades
en el ámbito de la educación. La relación entre los participantes en el
proceso educativo está regulada en varios niveles: en primer lugar, las
normas de derecho interno y después entra en vigor el nivel contractual,
representado por los estatutos de las instituciones educativas. Se concluye
que, en los sistemas más avanzados, puede haber un nivel de acuerdos
intragrupo que son completamente voluntarios. El contenido práctico del
proceso educativo está inuido por varios factores, entre ellos la ideología,
los objetivos que se ja una sociedad determinada, las tradiciones y las
costumbres que se han desarrollado en ella.
Palabras clave: proceso educativo; legislación; contenido real de los
derechos y responsabilidades; ley de educación;
dialéctica de derechos.
Introduction
The transfer of knowledge accumulated by previous generations of people
to new generations (what we call the educational process) is critical for the
survival, development and prosperity of both humanity as a whole and its
individual elements, which today have the form of states. This postulate has
been accepted by people for a very long time, and in the modern world it is
consolidated through the creation of a system of rights and responsibilities
of subjects acting in the eld of education.
332 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
The purpose of this study is to demonstrate the fact that the process
of education demonstrates the dialectical process of struggle between its
components, although the action of each of these components is directed,
it would seem, towards a single goal. It experiences the strongest inuence
of historical factors (in the sense of understanding the content of rights and
obligations) and economic factors (in the sense of real implementation of
the stipulated rights and obligations).
It may be more expedient not to repeat the generally recognized
provisions on rights and obligations, but to investigate the eld of education
at the level of each individual state, comparing the goals and methods,
actually granted rights and practically fullled duties of teachers and
students, legal and material support of the process by the state, and then
compare the results in terms of the resulting progress.
1. Literature review
We are unlikely to nd conicting opinions in the literature regarding
the existence of rights and obligations and their content in the eld
of education. There is no ground for dispute, for scientic discussion
here. Everyone agrees with the existence of the right to education as an
inalienable human right and the existence of a reciprocal obligation of the
state to ensure it.
The publications of the authors in countries with developed education
systems do not deal with the issues of rights and obligations at all, since
these issues have been settled there for a long time, they are based on the
existing legislation and the well-established traditions of society. Judging
by the materials published by, say, British authors, this country has focused
on raising educational standards, the level of intellectual development of
citizens, and improving the quality of educational programs (Perera et al.,
2016).
But if we turn to research related to the realization of the right to
education in African countries, then it will not be unexpected for us those
researchers see the main task in ensuring access to education in general,
and to more or less quality education, in particular (Evans and Mendez,
2021). In the popular work of Katarzyna Tomaševski, it is rightly noted that
the rights associated with education can be divided into three categories
- the right to receive education, the rights used in the course of the
educational process and the rights that a person can exercise after receiving
an education (Tomaševski, 2001).
The works of the authors in the area under consideration are mainly
divided into three directions. Firstly, a lot of materials are devoted to the
333
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
statement of the fact that in this state the human right to receive education
is recognized and legislatively enshrined (see, for example, the works of
Melnychuk (2013). Alex Guilherme brings a fresh idea to this reasoning,
asking the question: we can voluntarily refuse to temporarily exercise
certain rights, for example, the right to health care, but why can’t we give
up the right to receive education? Because it’s our responsibility, he replies
(Guilherme, 2016).
This thesis is consonant with the idea that legal relations in the eld
of education should be classied as interactive, when both parties to the
process are obliged to take certain “counter” actions (Valeev, 2011).
The second question that worries researchers in this eld is the actual
embodiment of the proclaimed rights to education in a particular country.
One can name a number of works by Indian authors related to the study of
the results of the implementation of the Right to Education Act, adopted by
Indian legislators in 2009 (Ojha Seema, 2013). Researchers rightly note the
fact that statutory provisions often do not get their practical implementation
due to insucient funding or due to ambiguous interpretation of a certain
provisions (Khomyshyn, 2018). Some of the works are devoted to the duties
of the teaching sta of educational institutions.
This issue relates more to the moral and ethical area, since the
conscientiousness of the attitude towards the performance of one’s
professional duties can hardly be regulated by legal norms. As an example,
Sara Sepulkri can be cited in which she lists as a teacher’s duties, in
particular, the responsibility to be organized, wear professional clothing,
smile, call students by name and answer questions (Sepulkri, 2021) Some
authors pay attention to the immediate rights and responsibilities of
students, which they exercise in the learning process. Here, the inuence
of traditional views is more noticeable, since undoubted responsibilities
include, for example, adhering to a certain dress code or adhering to the
rules of sports games. It is interesting to single out as a special duty the
application of the acquired knowledge in practice (Anjum Khan, 2018).
Documents published by government agencies in various countries
are considered to be very important sources for studying this topic. They
reect fresh trends that have not yet been analysed by academic scientists.
An example is the publication of the Ministry of Education of Ukraine, in
which sense of entrepreneurship is listed among the basic skills of the New
Ukrainian School, which is completely new for Ukrainian society (The new
Ukrainian school conceptual principles of secondary school reform, 2015).
Here is another example that shows how government programs
reect the new tasks of society (and this leads to their consolidation by
legislative norms). The National Education Program of India, adopted in
2020, specically emphasizes that if in the past the state’s eorts were
334 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
focused on ensuring equal access to education for citizens, today the task
is to develop rational thinking, a passion for science and healthy ethical
values in students. The teacher is now, as stated in the program “must
be at the centre of the fundamental reforms in the education system. The
new education policy must help re-establish teachers, at all levels, as the
most respected and essential members of our society” (National Education
Policy, 2020: 4).
The general conclusion that can be drawn from a review of scientic
research in this area is that scholastic reasoning about the existence of
rights and their corresponding obligations, in principle, lost their meaning.
Research on how to practically improve the quality of education is relevant
today. It is important to nd out the means to raise the level of education
in poor countries - without this they are forever doomed to remain poor.
But a country with a poor population for the rest of the mankind is like an
uneducated person in a society of educated people - it is only a brake on
human development.
2. Methods
Taking into account the specics of the topic under consideration, the
most appropriate when writing this article was the use of the comparative
historical, legal and economic research methods.
3. Result and Discussion
3.1. Education as a civilizational value
If we consider dialectics as a process of overcoming contradictions
and nding a solution in a situation that is assessed by dierent subjects
depending on their interests in dierent ways, then it is the most appropriate
tool for analysing the interaction of rights and responsibilities in general,
and in the eld of education in particular. The facts that we know about our
past testify to the existence of educational institutions of various types and
in various countries since ancient times though in ancient times, getting an
education was a privilege that few could take advantage of. Already ancient
philosophers began to formulate the idea of the right to education as a
natural good of a free person, necessary to satisfy not only the individual
interests of a given person, but also the general interests of the state.
It is signicant that during the period of development of scientic
knowledge under the auspices of Christianity, the idea arose of the necessity
of education in order to improve each individual and society as a whole.
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
Attention is drawn to the transition from the concept of “right” to education
to the concept of “necessity” of education. In the modern period, the idea
of the right to receive education through the “bridge” of necessity naturally
interacts with the idea of the compulsory education for each member of
human society.
It is also possible to single out the moral and philosophical component
of this process, when the idea of the duty of scientists to make every possible
eort to disseminate knowledge, to educate a person interacts with the
understanding of not only the right of this person to get an education but
of his duty to master the necessary amount of knowledge. Of course, this
duty cannot be enshrined in legal norms, but its awareness and universal
acceptance can be of great importance for humanity. It seems absolutely
correct and timely idea formulated by the Brazilian scientist Guilherme
(2016) who believes that education should be understood as a duty, an
obligation that all people have to themselves and their communities.
It is impossible to disagree with his arguments, and I would like to add
one more to their list. A person without a certain level of knowledge is
helpless. He is incapable of investing anything signicant into the stream
of social production. He nds himself in the position of a parasite, forced
to use the fruits of labour and the achievements of other people simply to
maintain his physical existence.
And this is especially obvious if we are talking about the current stage
of scientic and technological development and are aware of the fact that
in the future humanity will be inuenced by many factors that require the
development of new directions and an explanation of previously unheard-
of phenomena.
We have to resolve the contradictions between the development of the
technological potential of mankind and the need to preserve an acceptable
habitat, to deal with the growing danger of pandemics, inextricably linked
with the intensication and acceleration of human movement on the
Earth’s surface, to look for solutions with regard to energy sources and
prevention of natural disasters caused by natural and man-made causes.
These are tasks for humanity as a whole, regardless of social, material or
ideological dierences in groups of people living in certain regions of the
planet. Where in this process is the place of a person who has not received
a proper amount of knowledge?
3.2. The right to education and the economic basis
Since the importance of education is very great, some authors even
question the primacy of the economic basis in the development of society,
arguing that its development depends on the level of development of culture
and education (Valeev, 2011). It is dicult to fully agree with this thesis,
336 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
since the separation from the community of groups of people who are not
directly involved in the creation of a surplus product, but who are engaged
in the transfer of knowledge accumulated by previous generations, on the
one hand, and who assimilate this information, on the other hand, requires
a certain level of economic well-being.
Moreover, a special category of people, which we call “scientists” and
“thinkers”, emerged rather quickly. For them, the main occupation is the
“extraction” of new knowledge, and not only through practical experiments,
but also by the method of abstract reasoning about the essence of the
surrounding world and the place of human in it. I do not think that the
thesis that the existence of academic institutions and schools of thought in
the ancient world became possible due to the fact that a large category of
people called slaves created a sucient surplus product that could not be
used by themselves due to the peculiarities of the economic structure of the
then society, would raise an objection.
However, the product taken from them made it possible to contain,
in particular, groups of people who devoted themselves to philosophical
research that did not have direct practical application. In the same way,
the titanic work of monks in the Middle Ages, who created and rewrote
chronicles and other repositories of information that brought to our time a
huge amount of important and useful data, could not have been carried out
if it had not been for the economic ability of society to provide them with
the necessary material conditions for life.
Nowadays, mankind creates a sucient surplus product (the issue of
the equitability of its distribution is not included in the area of the article),
and this allows us to invest not only in those scientic research that has
a direct impact on human well-being, and even not only in those whose
signicance is of a very distant, even hypothetical, character, but also in
those investigations that, according to sound logic, can never bring even the
slightest benet (Universal Declaration of Human Rights, Art.26).
3.3. Actual realization of the right to education
The complex of rights and obligations related to the eld of education is
rather complicated in the modern world; it includes various forms of social
relations functioning in the eld of education and upbringing. Its regulation
is carried out at several levels, and the specic implementation depends
on many factors. All authors writing on the right to education begin their
discussion by referring to the 1948 Universal Declaration of Human Rights,
article 26 of which states that “everyone has the right to education”. At the
same time, the requirements are emphasized to ensure free primary and
general education, the availability of technical and professional education
and access to higher education, which depends only on the abilities of the
applicant.
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
The authority of the declaration is evidenced by the fact that it was signed
by 192 states - all members of the UN. However, it should be remembered
that humanity is not a subject of law, it does not pass laws and does not
sign contracts. Anything related to the concepts of rights and obligations
inevitably presupposes the participation or at least the consent of national
states.
Such complexes of rights and responsibilities, which require the
contribution of material resources for their implementation, and the
educational complex, as mentioned above, belongs to them, are generally
inconceivable without the most active participation of the states. Here the
question may arise whether the right to education should be understood
as an inalienable human right or as the right of a citizen of a given state. It
seems that it is advisable to proceed from the real state of aairs.
Sometimes the legislation of states speaks of the right of citizens to
education (Constitution of Ukraine, 1996, Art. 53). Foreigners and stateless
persons are, as it were, taken out of the brackets. In bylaws, this issue
can, however, be regulated in one way or another. In the United States,
for example, the issue of the right of children of illegal immigrants to
education demanded a special decision of the Supreme Court in 1982 (The
Background of Plyler v. Doe, 2021).
In some cases, the state guarantees its citizens the right to free education,
while for non-citizens it is oered the possibility of only paid education
(for example, in the largest German state of Baden-Württemberg, which
introduced university tuition fees for non-EU foreigners in 2017) (Studying
in Germany, 2020). When an applicant for education wishes to obtain a
higher education, he meets the principle of the competitiveness of higher
education.
The possibilities of higher educational institutions are limited and it
is necessary to prove that you have the best starting level of knowledge
compared to others, from which your higher education will begin. But this
is not a limitation of the right, but rather the embodiment of the principle of
“dependence on merit” proclaimed in the Universal Declaration. The rights
of any member of a society can only be exercised within the framework of
this society.
The organizational form of the community of people today is the
state. States can formulate the norms of their law, correlating them with
internationally recognized principles, implementing the content of the
latter into the system of domestic law. But it should be remembered that
international principles set a minimum standard, and sometimes have the
character of recommendations. A more signicant inuence on the formation
of the direction in which the rights are exercised and the responsibilities
in the eld of education are fullled are the ideas dominating in a given
society.
338 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
These ideas determine the setting of tasks, the implementation of
which the given society considers expedient and necessary. For example,
if a society considers it necessary and possible to specically regulate the
right to education for certain groups of the population, say, children who,
for various reasons, cannot attend school on a common basis, it creates
an appropriate comprehensive provision of the rights of these children
Illustrative is an edition of the Illinois State Board: Understanding Special
Education in Illinois, which explains the rights of students with special
needs (Illinois State Board of Education, 2020).
It is important to take into account that the proclamation of the right
to education in no way answers the question about the volume and nature
of the knowledge gained, about the quality of education. This issue is
fundamentally dependent on the social system and economic well-being of a
particular society. Therefore, in dierent states and societies, the concept of
education, its standards, criteria for its adequacy may dier very seriously.
They change not only in the course of historical development. They are
dierent in dierent societies existing at the same time. In one society,
reading and writing and basic arithmetic skills are considered sucient
primary education. In another, the student already at the initial period of
study gets access to modern information technologies and some skills in
their use. Plus, the ideology of each nation, formed due to reasons beyond
the scope of this article, has a huge impact on the actual level of education
of the population and on the content of educational programs.
If ideology cannot inuence the content of such exact disciplines as
mathematics, then a wide range of social sciences and even natural science
is greatly inuenced, for example, by the religious beliefs adopted in a given
society, and this applies not only to theocratic states. Economic sciences
are largely inuenced by ideology. History and social science in general
belong to such politicized areas that when the social system changes, say,
during the transition from a communist state system to democracy, or from
a dictatorship to a system of free elections, these disciplines have to be
studied anew.
Many states in their program legislative acts recognize that education is
the basis of intellectual, cultural, social and economic development, that its
goal is the all-round development of a person, the formation of conscious
citizens, and an increase in the intellectual potential of the people. But
there are no generally accepted criteria to estimate the actual situation, and
they cannot be formulated in the foreseeable period of time, given the real
dierences in the educational systems of countries.
Those states that set themselves the goal of accelerating the development
of education and raising the educational level of the population, in their
legislation x the norms that create the material prerequisites for the
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
implementation of the proclaimed educational rights. An illustrative
(but not alone of course) example of this practice is the legislation of the
Philippines, which stipulates that education has the highest budgetary
priority.
Moreover, it is explicitly stated that through the payment of adequate
remuneration and other incentives, it is necessary to ensure that the best
talents in this eld are attracted to the teaching corps (Llego, 2021). The
internal agreement of society about the priority of the development of a
high-level educational system makes education desirable, compulsory and
prestigious.
Japan, today being at the top of the technological development
rankings, has built its education system purposefully after experiencing
severe economic turmoil. The result is obvious, given that only primary
education is compulsory here. South Korea has made education the main
and prestigious goal of the population, and as a result is leading in the
number of people with higher education.
Singapore, with its ideology of meritocracy (where the highest rating
in society is received not by origin, but by education and skills) invests
12 billion dollars annually in the educational sphere and competes with
Hong Kong for the rst place in terms of IQ of the population. Ireland
pays for education for its citizens even in private educational institutions.
In Poland, which has clearly set itself the goal of being incorporated into
world technological progress, lectures for 70% of students are delivered in
English.
3.4. Levels of dialectical interaction of rights and
responsibilities in the eld of education
There are three levels at which the dialectical interaction of rights and
responsibilities in the eld of education is carried out. At the rst level is
the issue of the possibility of obtaining education as such, of the freedom
of access to the learning process. Here we can talk about the existence of
a universal human consensus regarding this problem. At the second level,
there are problems of the quality of education, as well as the possibility
of obtaining high quality education at the expense of public resources,
that is, free of charge for the student and his family. There are signicant
dierences in the volumes and forms of implementation of this provision,
depending on the state and social structure of the country, and the level of
its economic development.
The third level is the topic of the interaction of the rights and
responsibilities of the participants in the educational process, let’s call them
collectively “students” and “teachers”. And since in modern civilization
the quality of legal capacity is acquired by people at a certain age, another
340 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
group of participants is added to the system of these relationships i.e.
parents (legal representatives) of minor students. Each subject of legal
relations should understand that as soon as he decided to exercise his right,
a number of “mirror” duties arise that regulate his behaviour and make
the exercising of the rights by him acceptable for other members of the
community. Any right entails a duty to use it in a way that does not violate
the rights of others.
Sic utere tuo ut alienum non laedas (use your own so as not to harm
another), says the generally recognized principle of Roman law. Therefore,
the right of a subject to use any public good, for example, to receive an
education, always presupposes his obligation in the process of exercising
this right, at least, not to interfere by his behaviour with the receipt of this
benet by another equal subject. Almost everywhere, the enjoyment of the
right to education is associated with certain conditions that the subject must
full in order to practically realize it. There is always a process of “struggle”
between rights and responsibilities, which, in theory, should lead to the
most optimal result for society at a certain stage of development.
This is by no means an abstract remark. Participants in the legislative
process should always take into account that, when formulating a rule
that establishes someone’s right to perform certain actions or receive
public goods, the corresponding obligations of other subjects should also
be provided so that the proclaimed right can be exercised. It goes without
saying that specic material conditions must also be taken into account.
This fully applies to the education sector.
3.5. Sub-level of regulation: norms of statutes of educational
institutions
The charters of specic educational institutions represent the lowest
layer of norms that regulate the rights and responsibilities of participants
in the educational process. The term “lower” does not mean diminishing
the importance of these rules for students, but only reects the fact that
they cannot be contrary to state legislation. The statutes actually take the
form of a so-called public oer, that is, an oer to all who wish to conclude
an agreement on the basis of provisions already formulated and not subject
to discussion.
Of course, as in any public oer, certain requirements are set for potential
parties to the contract. If the parents (or guardians) of a student agree with
the conditions of study at this college, lyceum, school, and the students
themselves meet the requirements for candidates, the contract is concluded,
and the students are subject to the rights and obligations provided for by the
said contract. The rights and responsibilities of schoolchildren, of course,
include natural provisions that ensure the participation of schoolchildren
341
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in the learning process and impose obligations on them not to prevent
others from having the same opportunities.
Often, bylaws provide parents with the opportunity to participate in
public school government bodies called parental committees. Traditions
and customs also play an important role here. Since traditions and customs
in dierent countries can vary greatly, the variety of rules that govern the
rights and responsibilities of students and teachers in dierent educational
institutions is very great. In such documents, they often nd a place for
provisions that are considered generally accepted, relevant for a given
country, and important specically for a given educational institution.
In the popular Ukrainian Lyceum “Leader”, for example, rules are
specially stipulated for students to come to class at least 15 minutes before
the start of classes, the obligation of boys to take o their hats when entering
the building, the type of lyceum uniform is described in detail. Lyceum rules
include a requirement for students to sit in public transport when all adults
are seated (Rules of Internal Order, 2018, art. 2, 3, 4, 5).
American High Point University, among the rights of students, specically
highlights the rule on the possibility of students with disabilities (disabled
people) to demand “reasonable accommodations that provide equal access
to courses, their content, programs, services and facilities” (High Point
University, 2013). St. Mary’s College of Maryland not only denes in the
most detailed way the list of student violations and misconduct (which
includes, in particular, plagiarism, sexual misconduct, cyberbullying and
threats), but also regulates the procedure for considering these violations,
including the prosecution and defence process, so that Students The
Handbook in some of its parts begins to resemble the Criminal Procedure
Code (St. Mary College of Maryland, 2021).
The Charter of the Australian Ashwood High School pays signicant
attention to the requirement to comply with copyright laws, the prohibition
of computer games, access to pornographic sites and the transmission of
oensive or threatening materials. Responsibility for maintaining and
using your network le storage is specically mentioned (Rights and
Responsibilities, 2021). At the American University of Willamette, it was
considered necessary to secure the right of the student to be interviewed
with any employer right on campus (Code of Student Conduct, 2021). In
mentioned above Northbridge International School (Cambodia) public
displays of aection between students are considered inappropriate
behaviour.
342 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
Conclusions
Although the right to education has undoubtedly universal human
recognition and value, it can only be realized in specic historical and
socio-economic circumstances. The importance of education, the need
for any person and society, allows us to speak about the obligation of each
individual to obtain the necessary amount of knowledge, and about the
obligation of the state to ensure the possibility of obtaining it.
The rights and responsibilities of subjects of the educational process
are governed by a complex system of norms, including those with generally
recognized international principles, norms of domestic law, traditions and
customs of society, contractual forms in the form of statutes of educational
institutions and even voluntary reached agreements of participants in the
educational process. The task of humanity as a whole and of each state
separately is to maximize the level of education, its content and volume.
Bibliographic References
ANJUM KHAN. 2018. Rights and responsibilities of students at their school.
Jagran Prakashan Ltd. Available online. In: https://www.jagranjosh.
com/articles/rights-and-responsibilities-of-students-at-their-
school-1523629235-1. Consultation date: 13/11/2021.
DE, S. 2017. “Right to education: Success or failure?” Group Discussion Ideas.
Available online. In: https://www.groupdiscussionideas.com/right-to-
education-success-or-failure/. Consultation date: 13/03/2021.
EVANS, David; MENDEZ ACOSTA, Amina. 2021. “Education in Africa: What
Are We Learning?” In: Journal of African Economies. Vol. 30, No. 1, pp.
13-54.
GUILHERME, Alex. 2016. “Do we have a right to education or a duty to educate
ourselves? An enquiry based on Fichte’s views on education” In: Power
and Education. Vol. 8, Vo. 1, pp. 3-18.
HIGH POINT UNIVERSITY. 2013. Students rights & responsibilities. Highpoint.
Edu. Available online. In: https://www.highpoint.edu/studentlife/
students-rights-responsibilities/. Consultation date: 13/11/2021.
ILLINOIS STATE BOARD OF EDUCATION SPECIAL EDUCATION
DEPARTMENT. 2020. Educational Rights and Responsibilities:
Understanding Special Education in Illinois: «The parent guide».
Available online. In: https://www.isbe.net/Documents/Parent-Guide-
Special-Ed-Aug20.pdf. Consultation date: 13/11/2021.
343
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 330-344
KHOMYSHYN, Yu. 2018. “Administrative and legal regulation of education in
Ukraine” In: Law and Society. Vol. 4, pp. 191-195.
LAW OF UKRAINE CONSTITUTION OF UKRAINE. 1996. No 254k / 96-
VR, from June 28. Available online. In: https://zakon.rada.gov.ua/
laws/show/254%D0%BA/96-%D0%B2%D1%80#Text (in Ukrainian).
Consultation date: 13/03/2021.
LLEGO, M. A. 2020. Legal Bases of Philippine Educational System. TeacherPH.
Available online. In: https://www.teacherph.com/legal-bases-of-
philippine-educational-system. Consultation date: 13/11/2021.
MELNYCHUK, O. F. 2013. “Legal guarantees of the human right to education:
general theoretical analysis” In: Entrepreneurship, Economy and Law.
Vol. 1, pp. 68-71.
MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE. 2015. The new
Ukrainian school conceptual principles of secondary school reform.
Available online. In: https://mon.gov.ua/storage/app/media/
zagalna%20serednya/Book-ENG.pdf. Consultation date: 13/11/2021.
MINISTRY OF HUMAN RESOURCE DEVELOPMENT GOVERNMENT OF
INDIA. 2020. National Education Policy. Available online. In: https://
www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_
English_0.pdf. Consultation date: 13/11/2021.
NORTHBRIDGE INTERNATIONAL SCHOOL CAMBODIA. 2021. Rights and
Responsibilities. Available online. In: https://www.nordangliaeducation.
com/en/our-schools/cambodia/learning/secondary-school/rights-and-
responsibilities. Consultation date: 13/11/2021.
OJHA SEEMA, S. 2013. “Implementing right to education: Issues and
challenges” In: Research Journal of Educational Sciences. Vol. 1, No. 2,
pp. 1-7.
PERERA, Natalie; TREADAWAY, Mike; JOHNES, Rebecca. 2016. Education
in England: progress and goals. The Education Policy Institute. Available
online. In: https://epi.org.uk/publications-and-research/education-
england-progress-goals. Consultation date: 11/03/2022.
RIGHTS AND RESPONSIBILITIES. 2021. Ashwood High School. Available
online. In: https://www.ashwood.vic.edu.au/page/179/Rights-and-
Responsibilities. Consultation date: 13/11/2021.
RULES OF INTERNAL ORDER FOR STUDENTS GRADES 1-11 OF KYIV-
PECHERSK LYCEUM NO 171. “LEADER”. 2018. Available online.
In: http://www.ort.kiev.ua/1.lic/doc_2018/rules_inner_regl.pdf (in
Ukrainian). Consultation date: 13/11/2021.
344 Nataliya Davydova, Iryna Pokhylenko, Nina Mialovytska, Nina Zlatina y Olesia Otradnova
Dialectics of rights and responsibilities in education
SEPULKRI, Sara. 2021. Understanding Roles, responsibilities and relationships
in education and training. Globaledulink.Co.Uk. Available online.
In: https://www.globaledulink.co.uk/wp-content/uploads/2015/09/
SaraSepulcri-Assessment-A.pdf (in Ukrainian). Consultation date:
13/11/2021.
ST. MARY COLLEGE OF MARYLAND. 2021. Basic Rights & Responsibilites.
Smcm.Edu. Available online. In: https://www.smcm.edu/tothepoint/
basic-rights-responsibilites/. Consultation date: 13/11/2021.
STUDYING IN GERMANY. 2020. Germany will Reintroduce Tuition Fees for
all non-EU Students. Available online. In: https://www.studying-in-
germany.org/germany-will-reintroduce-tuition-fees-non-eu-students/.
Consultation date: 13/11/2021.
TOMAŠEVSKI, K. 2001. “Human rights obligations: making education available,
accessible, acceptable and adaptable” Right to education primers no. 3.
Available online. In: https://www.right-to-education.org/sites/right-to-
education.org/les/resource-attachments/Tomasevski_Primer%203.
pdf. Consultation date: 13/11/2021.
THE BACKGROUND OF PLYLER V. DOE. 2021. Constitutional Rights
foundation. Available online. In: https://www.crf-usa.org/bill-of-rights-
in-action/bria-7-4-c-education-and-the-14th-amendment. Consultation
date: 13/11/2021.
THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. 1987.
Article XIV Sections 1-5(5) Ocial Gazette of the Republic of the
Philippines. Available online. In: https://www.ocialgazette.gov.ph/
constitutions/1987-constitution/. Consultation date: 13/11/2021.
UNITED NATIONS. n.d. “Universal Declaration of Human Rights | united
nations”. Available online. In: https://www.un.org/en/about-us/
universal-declaration-of-human-rights. Consultation date: 13/11/2021.
VALEEV, R. G. 2011. Educational law of Ukraine. Lugansk legal foundation;
International Renaissance Foundation. Lugansk, Ukraine.
WILLAMETTE UNIVERSITY. 2021. Code of Student Conduct. Available online.
In: https://willamette.edu/oces/studentaairs/code-of-student-
conduct/standards-conduct.html. Consultation date: 13/11/2021.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en julio de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 73
