Convention “Against Discrimination in Education” UNESCO, Paris, December 14, 1960 The Implementation of the Convention in the Georgian Legislation

Authors

  • David Lominashvili

Keywords:

Right to Education, Elimination of Discrimination, Inclusive Education, Financing of Education, UNESCO Convention.

Abstract

The current article refers to the implementation of the UNESCO Convention “Against Discrimination in Education” (UNESCO, Paris) of December 14, 1960 in the Georgian legislation. It covers the general aspects of the implementation of the mentioned convention in the Georgian legislation. In the article we discuss what the discrimination in education is, what type of discrimination exists and what type of discrimination could take place in educational institutions. It is expedient to discuss the implementation of the convention in the Georgian legislation in the context of access to education, financing of education, inclusive education, the rights of ethnic minorities to education and religious and political discrimination. Hence, the following topics are presented: a) The access to education, where legal acts are discussed, in which the provisions of the convention are represented. In the same part, we discuss the Law of Georgia on the “Elimination of All Forms of Discrimination” of May 2, 2014 (Kutaisi, N 2391-IIS), which on its behalf, regulates the issues related to elimination of discrimination in education and access to education; b) The financing of education. Due to the fact that the state finances the general education in Georgia, whereas the citizens have the right to get funding from the state for vocational and higher education, in the given part we discuss all three types of state funding of education; c) The access to inclusive education. Taking into consideration the citizens’ right to education and elimination of all types of discrimination, utmost importance is placed on the inclusive education, thus, in our article we discuss the inclusive education, whereas we cover accessibility to inclusive education in state institutions; d) The ethnic minorities’ rights to education, whereas as according to the international standards, Georgia protects the individual and collective rights of ethnic minorities and facilitates their civic integration. This refers to access to education also; e) The religious and political discrimination, whereas we discuss the regulatory norms of the mentioned issue on the national level, which are in accordance with the 5th article of the convention.

The article also draws conclusions on the implementation of the discussed issues in Georgian legislation.

References

Constitution of Georgia, Departments of the Parliament of Georgia, 31-33, 24/08/1995.

Convention against Discrimination in Education, 14/12/1960, www.unesco.org/education/-pdf/DISCRI_E.PDF.

Civil Rights Act, 02/07/1964.

Decree № 476 of the Government of Georgia on the “Funding of General Education”, 14/09/2015.

Decree № 66 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships and Program Funding for the Academic Year of 2013-2014”, 28/03/2013.

Decree № 248 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships and Program Funding for the Academic Year of 2014-2015”, 20/03/2014.

Decree № 180 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships and Program Funding for the Academic Year of 2015-2016”, 24/04/2015.

Decree № 158 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships and Program Funding for the Academic Year of 2016-2017”, 01/04/2016.

Decree № 359 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships and Program Funding for the Academic Year of 2017-2018”, 24/07/2017.

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Decree № 163 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships for Master Educational Programs, Approval of the Priority Master Educational Programs and Approval of the Sums to be Distributed Among the Priority Master Educational Programs for the Academic Year of 2014-2015”, 13/02/2014.

Decree № 85 of the Government of Georgia on the “Approval of the State Educational Grant Volume and Amount of State Scholarships for Master Educational Programs, Approval of the Priority Master Educational Programs and Approval of the Sums to be Distributed Among the Priority Master Educational Programs for the Academic Year of 2015-2016”, 05/03/2015.

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Decree № 99/N of the Minister of Education and Science of Georgia on the “Adoption of the Authorization of Educational Institutions”, 01/03/2010.

Georgian Law on “General Education”, LHG, 20, 04/05/2005.

Georgian Law on “Vocational Education”, 3442-IS, 20/09/2018.

Georgian Law on “Higher Education”, LHG, 2, 10/01/2005.

Georgian Law on “Elimination of any type of Discrimination”, 2391-IIS, 02/05/2014.

Kantaria B., The Constitutional Principle of the Right to Education, Commentary to the Constitution of Georgia. Chapter two. Georgian Citizenship, The Fundamental Human Rights, Tbilisi, 2013, 426 (in Georgian).

Decision of the Tbilisi Appeal Court of 14 June 2018, № 2B/5499-17.

Savez Crkava (Rijec Zivota) and Others v Croatia, [2010] ECHR, App. № 7798/08.

Correspondence № MES61801523368 of 17 November, 2018 sent by M. Shukhoshvili, Head of the Higher Education and Science Department of the Ministry of Education, Science, Sports and Culture.

www.unesco.ge/?page_id=534.

www.civilrights.findlaw.com/discrimination/discrimination-in-education.html.

www.stephensons.co.uk/site/individuals/education/discriminationasagroundforappea.

www.law.freeadvice.com/government_law/civil_rights_law_ada/race-discrimination-education.htm.

Published

2019-06-30

How to Cite

Lominashvili, D. (2019). Convention “Against Discrimination in Education” UNESCO, Paris, December 14, 1960 The Implementation of the Convention in the Georgian Legislation. Journal of Law, (1). Retrieved from https://jlaw.tsu.ge/index.php/JLaw/article/view/2632

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Articles