The Right to Education – Between a Fundamental Right in a Sustainable Society and the Discretionary Power of the Governments

Abstract

In a world that continues to evolve and transform, where fundamental legal documents—true cornerstones that have guided and shaped fundamental rights—are viewed with suspicion, with some even seeking to have them repealed or denounced, preferring an international society without clear, precise rules accepted by the majority of states and international and regional organizations, the right to learning or the right to education struggles to maintain its place among these rights. In the society based on sustainable development that democratic states—and not only them, but also international and regional organizations, and all of human society—seek to shape, the right to education has its place among the goals of such development. However, an educated individual, an educated nation, or an educated society may not be what rulers desire—rulers who often and very quickly forget the very moment they took office, even those who, through their votes, brought them to power. Imposing their political vision—translated into a governing agenda—through the adoption of relevant legislation becomes such a paramount goal for those in power that the manner in which legislation is adopted and its content are often influenced by genuine discretionary power. This attitude is also reflected in the legislation adopted in the field of education; the discretionary power exercised by government officials in enacting such legislation affects the exercise of the right to education—and perhaps even the very substance of that right—as we will demonstrate in this article.