Educational Ombudsmen in the System of Supply and Protection of Educational Lawʼs Rights
Abstract
The article is devoted to the consideration of the functioning of the institution of a specialized ombudsman – an educational ombudsman in Ukraine. The main emphasis is placed on the mechanism for protecting the right to education in educational institutions. The article emphasizes that the basis of the formation of a united European higher education area is the provision of access to high-quality higher education, which strengthens the societyʼs orientation towards obtaining new knowledge, raising the level of qualification and ultimately satisfying the interests of the individual and the citizen. Problems of protecting the legal rights and interests of participants in the educational process are connected with ensuring the constitutional right to education and its actual implementation. The article analyzes the peculiarities of the formation of the institution of the ombudsman, the powers of specialized ombudsmen in foreign countries, and, directly, emphasizes the importance of establishing an institution for the protection of the rights of educators and its prospects for development in the Ukrainian state. The author noted that in the modern world in connection with the development of the information society and the improvement of mechanisms for the protection of human rights in various spheres, various specialized ombudsmen operate: the Ombudsman for the rights of the child; ombudsman for the rights of the elderly; Ombudsman on Equal Opportunities; minority ombudsman; ombudsman for consumer rights protection; protection of personal data; bank and insurance ombudsmen, including the ombudsman institution in the education system, the university ombudsmen active at all levels. In the aspect of studying the problem of the protection of educational rights, the researcher emphasized that Ukraine also has a strong legal framework that allows the state to properly ensure the citizensʼ right to education (amendments to the Law of Ukraine «On the Authorized Representative of the Verkhovna Rada of Ukraine on Human Rights» dated November 2012, the Law of Ukraine «On Education» dated September 5, 2017, the draft Regulations «Some Issues of the Educational Ombudsman»). A striking example of the implementation of the mechanism for the provision and protection of the rights of participants in the educational process is the introduction by the order of the Rector of the University of the Regulation «On the Ombudsman on the Rights of the Student of the State Higher Educational Institution» Vadym Hetman Kyiv National Economic University. The introduction of a corresponding post at universities, practically shows that the mechanism of ensuring the interests of students is absolutely real.
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