Protejarea dreptului la educație prin prisma legislației Republicii Moldova și a jurisprudenței Curții Europene a Drepturilor Omului

Abstract

The right to education is one of the fundamental human rights, enjoying today a universal recognition, both in international and regional conventions, as well as in the constitutions of modern states. The proof to this serves the fact that the most widespread provision is the right to education, which is contained in the constitutions of 43 Council of Europe Member States [1, §85]. The fundamental nature of this right stems also from its inherent connection to human dignity [2, p.127]. Despite the fact it does not have a long history as a fundamental material right in the Republic of Moldova, the concern for education, as we can easily see, was incorporated at constitutional level in 1994, by adopting the Moldovan Constitution. We tend to believe that the Protocol no. 1 to the European Convention on Human Rights has served as an impetus to this.