eu-charter

Carta drepturilor fundamentale a Uniunii Europene

Articolul 14 - Dreptul la educație

Articolul 14 - Dreptul la educație

(1) Orice persoană are dreptul la educație, precum și la accesul la formare profesională și formare continuă
(2) Acest drept include posibilitatea de a urma gratuit învățământul obligatoriu.
(3) Libertatea de a înființa instituții de învățământ cu respectarea principiilor democratice, precum și dreptul părinților de a asigura educarea și instruirea copiilor lor, potrivit propriilor convingeri religioase, filozofice și pedagogice, sunt respectate în conformitate cu legile interne care reglementează exercitarea acestora.

    • Text:

      1. Acest articol este inspirat atât din tradiţiile constituţionale comune statelor membre, cât şi din articolul 2 din Protocolul adiţional la CEDO, având următorul text:
      `Nimănui nu i se poate refuza dreptul la instruire. Statul, în exercitarea funcţiilor pe care şi le va asuma în domeniul educaţiei şi al învăţământului, va respecta dreptul părinţilor de a asigura această educaţie şi această învăţământ conform convingerilor lor religioase şi filozofice.`
      Extinderea acestui articol la accesul la formarea profesională şi continuă (a se vedea punctul 15 din Carta comunitară a drepturilor sociale fundamentale ale lucrătorilor şi articolul 10 din Carta socială) şi adăugarea principiului gratuităţii învăţământului obligatoriu au fost considerate utile. Aşa cum este formulat, acest din urmă principiu implică numai faptul ca, în ceea ce priveşte învăţământul obligatoriu, fiecare copil să aibă acces la o instituţie gratuită. Principiul nu impune gratuitatea tuturor instituţiilor, în special a celor private, care oferă acest tip de învăţământ sau formare profesională şi continuă. De asemenea, principiul nu interzice ca anumite forme specifice de învăţământ să fie cu plată, în cazul în care statul ia măsurile necesare pentru acordarea de compensaţii financiare. În măsura în care carta se aplică Uniunii, acest lucru înseamnă că, în cadrul politicilor sale de formare, Uniunea trebuie să respecte gratuitatea învăţământului obligatoriu, înţelegându-se că astfel nu sunt create noi competenţe. În ceea ce priveşte dreptul părinţilor, acesta trebuie interpretat în coroborare cu dispoziţiile articolului 24.
      2. Libertatea de a înfiinţa instituţii de învăţământ, publice sau private, este garantată ca parte a libertăţii de a desfăşura o activitate comercială, dar este restrânsă de respectarea principiilor democratice şi se exercită în conformitate cu modalităţile stabilite în legislaţiile naţionale.

      Source:
      Jurnalul Oficial al Uniunii Europene C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Explicaţiile redate în continuare au fost redactate iniţial sub autoritatea prezidiului Convenţiei care a elaborat Carta drepturilor fundamentale a Uniunii Europene. Acestea au fost actualizate sub autoritatea prezidiului Convenţiei Europene, având în vedere adaptarea de către respectiva Convenţie a textului cartei (în special la articolele 51 şi 52), precum şi evoluţia dreptului Uniunii. Cu toate că aceste explicaţii nu au valoare juridică în sine, acestea constituie un preţios instrument de interpretare destinat clarificării dispoziţiilor cartei.
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      ECLI (European case law identifier):
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      Deciding body type:
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      Court (Second Chamber)
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      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
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      Type:
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      ECLI (European case law identifier):
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    50 results found

    • Constituția României
      Țara:
      România

      Articolul 32(1) Dreptul la învatatura este asigurat prin învatamântul general obligatoriu, prin învatamântul liceal si prin cel profesional, prin învatamântul superior, precum si prin alte forme de instructie si de perfectionare. (2) Învatamântul de toate gradele se desfasoara în limba româna. În conditiile legii, învatamântul se poate desfasura si într-o limba de circulatie internationala. (3) Dreptul persoanelor apartinând minoritatilor nationale de a învata limba lor materna si dreptul de a putea fi instruite în aceasta limba sunt garantate; modalitatile de exercitare a acestor drepturi se stabilesc prin lege. (4) Învatamântul de stat este gratuit, potrivit legii. Statul acorda burse sociale de studii copiilor si tinerilor proveniti din familii defavorizate si celor institutionalizati, în conditiile legii. (5) Învatamântul de toate gradele se desfasoara în unitati de stat, particulare si confesionale, în conditiile legii. (6) Autonomia universitara este garantata. (7) Statul asigura libertatea învatamântului religios, potrivit cerintelor specifice fiecarui cult. În scolile de stat, învatamântul religios este organizat si garantat prin lege.

    • Sweden / Instrument of Government
      Țara:
      Sweden

      Chapter 1 - Basic Principles of the form of government:

      Article 2 The personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. In particular, the public institutions shall secure the right to employment, housing and education, and shall promote social care and social security, as well as favourable conditions for good health. (...)

      Chapter 2 - Fundamental Rights and Freedoms:

      Article 18 All children covered by compulsory schooling shall be entitled to a free basic education in the public education system. The public institutions shall be responsible also for the provision of higher education. The freedom of research is protected according to rules laid down in law.

    • Slovakia / Constitution of the Slovak Republic
      Țara:
      Slovakia

      Article 42(1) Everyone has the right to education. School attendance is compulsory. Its period and age limit shall be laid down by law. (2) Citizens have the right to free education at primary and secondary schools and, depending on their abilities and society's resources, also at higher educational establishments. (3) Schools other than state schools may be established, and teaching in them provided, only under conditions laid down by law; such schools may collect tuition fees. (4) A law shall lay down conditions under which citizens are entitled to assistance from the state in their studies.

    • Spain / Constitution of the Kingdom of Spain
      Țara:
      Spain

      Section 27 (1) Everyone has the right to education. Freedom of teaching is recognized. (2) Education shall aim at the full development of human personality with due respect for the democratic principles of coexistence and for basic rights and freedoms. (3) The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions. (4) Elementary education is compulsory and free. (5) The public authorities guarantee the right of all to education, through general education programming, with the effective participation of all sectors concerned and the setting-up of educational centres. (6) The right of individuals and legal entities to set up educational centres is recognized, provided they respect constitutional principles. (7) Teachers, parents and, when appropriate, pupils shall participate in the control and management of all centres supported by the Administration out of public funds, under the terms established by the law. (8) The public authorities shall inspect and standardize the educational system in order to ensure compliance with the laws. (9) The public authorities shall help the educational centres which meet the requirements established by the law. (10) The autonomy of Universities is recognized, under the terms established by the law.

    • Czechia / Charter of Fundamental Rights and Freedoms
      Țara:
      Czechia

      Article 16 (3) The conditions under which religious instruction may be given at state schools shall be set by law. Article 26 (1) Everybody has the right to the free choice of her profession and the training for that profession, as well as the right to engage in enterprise and pursue other economic activity. Article 33 (1) Everyone has the right to education. School attendance shall be obligatory for the period specified by law. (2) Citizens have the right to free elementary and secondary school education, and, depending on particular citizens’ ability and the capability of society, also to university-level education. (3) Private schools may be established and instruction provided there only under conditions set by law; education may be provided at such schools for tuition. (4) The conditions under which citizens have the right to assistance from the state during their studies shall be set by law.

    • Netherlands / Constitution of the Kingdom of the Netherlands
      Țara:
      Netherlands

      Article 23 1. Education shall be the constant concern of the Government. 2. All persons shall be free to provide education, without prejudice to the authorities’ right of supervision and, with regard to forms of education designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by Act of Parliament. 3. Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone’s religion or belief. 4. The authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality and in each of the public bodies referred to in Article 132a. Deviations from this provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to receive the said form of education, whether in a public-authority school or otherwise. 5. The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief. 6. 6. The requirements for primary education shall be such that the standards both of private schools fully f inanced from public funds and of public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fit. 7. Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by Act of Parliament. 8. The Government shall submit annual reports on the state of education to the States General.

    • Slovenia / Constitution of the Republic of Slovenia
      Țara:
      United Kingdom

      Article 54 Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests. Children born out of wedlock have the same rights as children born within it.

      Article 57 Freedom of education shall be guaranteed. Primary education is compulsory and shall be financed from public funds. The state shall create the opportunities for citizens to obtain a proper education.

      Article 58 State universities and state institutions of higher education shall be autonomous. The manner of their financing shall be regulated by law.

    • Constituição da República Portuguesa
      Țara:
      Portugal

      Artigo 43.º (Liberdade de aprender e ensinar) 1. É garantida a liberdade de aprender e ensinar. 2. O Estado não pode programar a educação e a cultura segundo quaisquer directrizes filosóficas, estéticas, políticas, ideológicas ou religiosas. 3. O ensino público não será confessional. 4. É garantido o direito de criação de escolas particulares e cooperativas. Artigo 73.º (Educação, cultura e ciência) 1. Todos têm direito à educação e à cultura. 2. O Estado promove a democratização da educação e as demais condições para que a educação, realizada através da escola e de outros meios formativos, contribua para a igualdade de oportunidades, a superação das desigualdades económicas, sociais e culturais, o desenvolvimento da personalidade e do espírito de tolerância, de compreensão mútua, de solidariedade e de responsabilidade, para o progresso social e para a participação democrática na vida colectiva. 3. O Estado promove a democratização da cultura, incentivando e assegurando o acesso de todos os cidadãos à fruição e criação cultural, em colaboração com os órgãos de comunicação social, as associações e fundações de fins culturais, as colectividades de cultura e recreio, as associações de defesa do património cultural, as organizações de moradores e outros agentes culturais. 4. A criação e a investigação científicas, bem como a inovação tecnológica, são incentivadas e apoiadas pelo Estado, por forma a assegurar a respectiva liberdade e autonomia, o reforço da competitividade e a articulação entre as instituições científicas e as empresas. Artigo 74.º (Ensino) 1. Todos têm direito ao ensino com garantia do direito à igualdade de oportunidades de acesso e êxito escolar. 2. Na realização da política de ensino incumbe ao Estado: a) Assegurar o ensino básico universal, obrigatório e gratuito; b) Criar um sistema público e desenvolver o sistema geral de educação pré-escolar; c) Garantir a educação permanente e eliminar o analfabetismo; d) Garantir a todos os cidadãos, segundo as suas capacidades, o acesso aos graus mais elevados do ensino, da investigação científica e da criação artística; e) Estabelecer progressivamente a gratuitidade de todos os graus de ensino; f) Inserir as escolas nas comunidades que servem e estabelecer a interligação do ensino e das actividades económicas, sociais e culturais; g) Promover e apoiar o acesso dos cidadãos portadores de deficiência ao ensino e apoiar o ensino especial, quando necessário; h) Proteger e valorizar a língua gestual portuguesa, enquanto expressão cultural e instrumento de acesso à educação e da igualdade de oportunidades; i) Assegurar aos filhos dos emigrantes o ensino da língua portuguesa e o acesso à cultura portuguesa; j) Assegurar aos filhos dos imigrantes apoio adequado para efectivação do direito ao ensino. Artigo 75.º (Ensino público, particular e cooperativo) 1. O Estado criará uma rede de estabelecimentos públicos de ensino que cubra as necessidades de toda a população. 2. O Estado reconhece e fiscaliza o ensino particular e cooperativo, nos termos da lei. Artigo 76.º (Universidade e acesso ao ensino superior) 1. O regime de acesso à Universidade e às demai instituições do ensino superior garante a igualdade de oportunidades e a democratização do sistema de ensino, devendo ter em conta as necessidades em quadros qualificados e a elevação do nível educativo, cultural e científico do país. 2. As universidades gozam, nos termos da lei, de autonomia estatutária, científica, pedagógica, administrativa e financeira, sem prejuízo de adequada avaliação da qualidade do ensino. Artigo 77.º (Participação democrática no ensino) 1. Os professores e alunos têm o direito de participar na gestão democrática das escolas, nos termos da lei. 2. A lei regula as formas de participação das associações de professores, de alunos, de pais, das comunidades e das instituições de carácter científico na definição da política de ensino.

    • Constitution of the Portuguese Republic
      Țara:
      Portugal

      Article 43 (Freedom to learn and to teach) (1) The freedom to learn and to teach is guaranteed. (2) The state may not programme education and culture in accordance with any philosophical, aesthetic, political, ideological or religious directives. (3) Public education shall not be linked to a religious belief. (4) The right to create private and cooperative schools is guaranteed. Article 73 (Education, culture and science) (1) Everyone has the right to education and culture. (2) The state shall promote the democratisation of education and the other conditions needed for an education conducted at school and via other means of training to contribute to equal opportunities, the overcoming of economic, social and cultural inequalities, the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and to democratic participation in collective life. (3) In cooperation with the media, cultural associations and foundations, cultural and recreational groups, cultural heritage associations, residents’ organisations and other cultural agents, the state shall promote the democratisation of culture by encouraging and ensuring access by all citizens to cultural enjoyment and creation. (4) The state shall encourage and support scientific research and creation and technological innovation, in such a way as to ensure their freedom and autonomy, strengthen competitivity and ensure articulation between scientific institutions and enterprises. Article 74 (Education) (1) Everyone has the right to education, with the guarantee of the right to equal opportunities in access to and success in schooling. (2) In implementing the education policy, the state is charged with: (a) Ensuring universal, compulsory and free basic education; (b) Creating a public, and developing the general, preschool education system; (c) Guaranteeing permanent education and eliminating illiteracy; (d) In accordance with his capabilities, guaranteeing every citizen access to the highest levels of education, scientific research and artistic creation; (e) Progressively making all levels of education free of charge; (f) Inserting schools into the communities they serve and establishing links between education and economic, social and cultural activities; (g) Promoting and supporting disabled citizens’ access to education and supporting special education when necessary; (h) Protecting and developing Portuguese sign language, as an expression of culture and an instrument for access to education and equal opportunities; (i) Ensuring that emigrants’ children are taught the Portuguese language and enjoy access to Portuguese culture; (j) Ensuring that immigrants’ children receive adequate support in order to enable them to effectively enjoy the right to education. Article 75 (Public, private and cooperative education) (1) The state shall create a network of public education establishments that covers the needs of the whole population. (2) The state shall recognise and inspect private and cooperative education, as laid down by law. Article 76 (University and access to higher education) (1) The regime governing access to university and the other higher education institutions shall guarantee equal opportunities in and the democratisation of the education system, and must have due regard to the country’s needs for qualified staff and to raising its educational, cultural and scientific level. (2) As laid down by law and without prejudice to an adequate assessment of the quality of education, universities shall enjoy autonomy in drawing up their own by-laws and in scientific, pedagogical, administrative and financial matters. Article 77 (Democratic participation in education) (1) Teachers and students have the right to take part in the democratic management of schools, as laid down by law. (2) The law shall regulate the forms in which associations of teachers, students and parents, communities and institutions of a scientific nature participate in the definition of the education policy.

    • Constitution of the Republic of Poland
      Țara:
      Poland

      Article 70.1. Everyone shall have the right to education. Education to 18 years of age shall be compulsory. The manner of fulfilment of schooling obligations shall be specified by statute. 2. Education in public schools shall be without payment. Statutes may allow for payments for certain services provided by public institutions of higher education. 3. Parents shall have the right to choose schools other than public for their children. Citizens and institutions shall have the right to establish primary and secondary schools and institutions of higher education and educational development institutions. The conditions for establishing and operating non-public schools, the participation of public authorities in their financing, as well as the principles of educational supervision of such schools and educational development institutions, shall be specified by statute. 4. Public authorities shall ensure universal and equal access to education for citizens. To this end, they shall establish and support systems for individual financial and organizational assistance to pupils and students. The conditions for providing of such assistance shall be specified by statute. 5. The autonomy of the institutions of higher education shall be ensured in accordance with principles specified by statute.

    • Konstytucja Rzeczypospolitej Polskiej
      Țara:
      Poland

      Art. 70.1. Każdy ma prawo do nauki. Nauka do 18 roku życia jest obowiązkowa. Sposób wykonywania obowiązku szkolnego określa ustawa. 2. Nauka w szkołach publicznych jest bezpłatna. Ustawa może dopuścić świadczenie niektórych usług edukacyjnych przez publiczne szkoły wyższe za odpłatnością. 3. Rodzice mają wolność wyboru dla swoich dzieci szkół innych niż publiczne. Obywatele i instytucje mają prawo zakładania szkół podstawowych, ponadpodstawowych i wyższych oraz zakładów wychowawczych. Warunki zakładania i działalności szkół niepublicznych oraz udziału władz publicznych w ich finansowaniu, a także zasady nadzoru pedagogicznego nad szkołami i zakładami wychowawczymi, określa ustawa. 4. Władze publiczne zapewniają obywatelom powszechny i równy dostęp do wykształcenia. W tym celu tworzą i wspierają systemy indywidualnej pomocy finansowej i organizacyjnej dla uczniów i studentów. Warunki udzielania pomocy określa ustawa. 5. Zapewnia się autonomię szkół wyższych na zasadach określonych w ustawie.

    • Constitution of Malta
      Țara:
      Malta

      Article 11(1) Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.(2) The State shall give effect to this principle by means of scholarships, of contributions to the families of students and other provisions on the basis of competitive examinations.Article 12(1) The State shall protect work.(2) It shall provide for the professional or vocational training and advancement of workers.Article 17 (...) (3) Disabled persons and persons incapable of work are entitled to education and vocational training.

    • Constitution du Grand Duche de Luxembourg
      Țara:
      Luxembourg

      Article 23. L’Etat veille à l’organisation de l’instruction primaire, qui sera obligatoire et gratuite et dont l’accès doit être garanti à toute personne habitant le Grand-Duché. L’assistance médicale et sociale sera réglée par la loi.Il crée des établissements d’instruction moyenne gratuite et les cours d’enseignement supérieur nécessaires.La loi détermine les moyens de subvenir à l’instruction publique ainsi que les conditions de surveillance par le Gouvernement et les communes; elle règle pour le surplus tout ce qui est relatif à l’enseignement et prévoit, selon des critères qu’elle détermine, un système d’aides financières en faveur des élèves et étudiants.Chacun est libre de faire ses études dans le Grand-Duché ou à l’étranger et de fréquenter les universités de son choix, sauf les dispositions de la loi sur les conditions d’admission aux emplois et à l’exercice de certaines professions.

    • Constitution of the Grand Duchy of Luxembourg
      Țara:
      Luxembourg

      Article 23. The State sees to the organization of primary education, which will be obligatory and free and to which access must be guaranteed to every person inhabiting the Grand Duchy. Medical and social assistance is regulated by the law. It creates establishments of free secondary instruction and the necessary courses of higher education.
      The law determines the means of supporting public instruction as well as the conditions of supervision by the Government and the communes; it regulates
      additionally all [matters] concerning education and provides, according to the criteria that it determines, a system of financial aid in favor of pupils and students. Anyone is free to study in the Grand Duchy or abroad and to attend the universities of his choice, subject to the provisions of the law on the conditions of admission to employment [in], and to the exercise of[,] certain professions.

    • Constitution of the Republic of Lithuania
      Țara:
      Lithuania

      Article 26. Parents and guardians shall, without restrictions, take care of the religious and moral education of their children and wards according to their own convictions.
      Article 40. State and municipal establishments of teaching and education shall be secular. At the request of parents, they shall provide religious instruction. Non-state establishments of teaching and education may be founded according to the procedure established by law. Schools of higher education shall be granted autonomy. The State shall supervise the activities of establishments of teaching and education.
      Article 41. Education shall be compulsory for persons under the age of 16. Education at state and municipal schools of general education, vocational schools, and schools of further education shall be free of charge. Higher education shall be accessible to everyone according to individual abilities. Citizens who are good at their studies shall be guaranteed education at state schools of higher education free of charge.
      Article 42. Culture, science and research, and teaching shall be free. The State shall support culture and science, and shall take care of the protection of Lithuanian historical, artistic, and other cultural monuments, as well as other culturally valuable objects. The law shall protect and defend the spiritual and material interests of an author that are related to scientific, technical, cultural, and artistic work.

    • Lietuvos Respublikos Konstitucija
      Țara:
      Lithuania

      26 straipsnis. Tėvai ir globėjai nevaržomi rūpinasi vaikų ir globotinių religiniu ir doroviniu auklėjimu pagal savo įsitikinimus.
      40 straipsnis. Valstybinės ir savivaldybių mokymo ir auklėjimo įstaigos yra pasaulietinės. Jose tėvų pageidavimu mokoma tikybos. Įstatymo nustatyta tvarka gali būti steigiamos nevalstybinės mokymo bei auklėjimo įstaigos. Aukštosioms mokykloms suteikiama autonomija. Valstybė prižiūri mokymo ir auklėjimo įstaigų veiklą.
      41 straipsnis. Asmenims iki 16 metų mokslas privalomas. Mokymas valstybinėse ir savivaldybių bendrojo lavinimo, profesinėse bei aukštesniosiose mokyklose yra nemokamas. Aukštasis mokslas prieinamas visiems pagal kiekvieno žmogaus sugebėjimus. Gerai besimokantiems piliečiams valstybinėse aukštosiose mokyklose laiduojamas nemokamas mokslas.
      42 straipsnis. Kultūra, mokslas ir tyrinėjimai bei dėstymas yra laisvi. Valstybė remia kultūrą ir mokslą, rūpinasi Lietuvos istorijos, meno ir kitų kultūros paminklų bei vertybių apsauga. Dvasinius ir materialinius autoriaus interesus, susijusius su mokslo, technikos, kultūros ir meno kūryba, saugo ir gina įstatymas.

    • Constitution of the Republic of Latvia
      Țara:
      Lettland

      112. Everyone has the right to education. The State shall ensure that everyone may acquire primary and secondary education without charge. Primary education shall be compulsory.

    • Education Law
      Țara:
      Latvia

        Section 2 The purpose of this Law is to ensure that every resident of Latvia has the opportunity to develop his or her mental and physical potential, in order to become an independent and a fully developed individual, a member of the democratic State and society of Latvia. Corresponding to the age and needs of an educatee, he or she shall be ensured an opportunity to: 1) acquire knowledge and skills in the field of humanities, social, natural and technical sciences; 2) acquire knowledge, skills and experience in relationships, in order to participate in the life of the State and society; and 3) for moral, aesthetic, intellectual and physical development, by promoting the development of a knowledgeable, skilful and socialised individual.

    • Izglītības likums
      Țara:
      Latvia

      2.pants.Likuma mērķis Šā likuma mērķis ir nodrošināt katram Latvijas iedzīvotājam iespēju attīstīt savu garīgo un fizisko potenciālu, lai veidotos par patstāvīgu un attīstītu personību, demokrātiskas Latvijas valsts un sabiedrības locekli. Atbilstoši izglītojamā vecumam un vajadzībām tiek nodrošināta iespēja: 1) iegūt zināšanas un prasmes humanitāro, sociālo, dabas un tehnisko zinību jomā; 2) iegūt zināšanas, prasmes un attieksmju pieredzi, lai piedalītos sabiedrības un valsts dzīvē; 3) tikumiskai, estētiskai, intelektuālai un fiziskai attīstībai, sekmējot zinīgas, prasmīgas un audzinātas personības veidošanos.

    • Latvijas Republikas Satversme
      Țara:
      Latvia

      112. Ikvienam ir tiesības uz izglītību. Valsts nodrošina iespēju bez maksas iegūt pamatizglītību un vidējo izglītību. Pamatizglītība ir obligāta.

    5 results found

    • Directive 2011/95 - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of t

      Preamble 

      (10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.

      (16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.  In particular this Directive seeks to ensure full respect for  human dignity and the right to asylum of applicants for  asylum and their accompanying family members and to  promote the application of Articles 1, 7, 11, 14, 15, 16, 
      18, 21, 24, 34 and 35 of that Charter, and should  therefore be implemented accordingly.


      (34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.

      (35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.

      Article 2: Definitions
      For the purposes of this Directive the following definitions shall apply:
      (a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);
      (d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...]
      (e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;
      (f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
      (g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]

      Article 13: Granting of refugee status
      Member States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘

      Article 18: Granting of subsidiary protection status
      Member States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘

      Article 21: Protection from refoulement

      1.   Member States shall respect the principle of non-refoulement in accordance with their international obligations.

      2.   Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:

      (a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or

      (b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

      3.   Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.

      Article 22: Information

      Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.

      Article 23: Maintaining family unity

      1.   Member States shall ensure that family unity can be maintained.

      2.   Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.

      In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.

      In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.

      3.   Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.

      4.   Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.

      5.   Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.

      Article 26: Access to employment

      1.   Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.

      2.   Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.

      3.   Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.

      4.   Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.

      5.   The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.

      Article 27: Access to education

      1.   Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.

      2.   Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.

      3.   Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.

      Article 28: Social welfare

      1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.

      2.   By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

      Article 29: Health care

      1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.

      2.   By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

      3.   Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.

    • Council Recommendation of 22 May 2019 on High-Quality Early Childhood Education and Care Systems

      HEREBY RECOMMENDS THAT MEMBER STATES:

      In accordance with national and European legislation, available resources and national circumstances, and in close cooperation with all relevant stakeholders:

      1. Improve access to high-quality early childhood education and care systems in line with the statements set out in the ‘Quality framework for early childhood education and care’ presented in the Annex to this Recommendation and with the 11th principle of the European Pillar of Social Rights.

      2. Work towards ensuring that early childhood education and care services are accessible, affordable and inclusive. Consideration could be given to:

      (a) supporting child development in a consistent way starting as early as possible by using early childhood education and care services;

      (b) analysing the supply and demand from families in order to better adapt the offer of early childhood education and care services to their needs, respecting parental choice;

      (c) analysing and addressing the barriers that families might encounter when accessing and using early childhood education and care services, such as costs, poverty-related barriers, geographical location, inflexible opening hours, barriers related to inadequate provisions for children with special needs, cultural and linguistic barriers, discrimination as well as a lack of information;

      (d) establishing contact and cooperation with families and especially those in a vulnerable or disadvantaged situation, in order to inform them about the possibilities and benefits of early childhood education and care participation and, where relevant, about available support, and build trust in the services and encourage participation from an early age;

      (e) ensuring that all families who want to make use of early childhood education and care services have access to affordable high-quality early childhood education and care, ideally by working at the appropriate governance level towards a right to an early childhood education and care place of high quality;

      (f) providing inclusive early childhood education and care services for all children, including children with diverse backgrounds and special educational needs, including disabilities, avoiding segregation and incentivising their participation, regardless of the labour market status of their parents or carers;

      (g) supporting all children to learn the language of education while also taking into account and respecting their first language;

      (h) strengthening preventive actions, early identification of difficulties and adequate provisions for children with special needs and their families, involving all relevant actors, e.g. educational, social or health services as well as parents.

      [...]

    • Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

      Preamble

      (31) Member States should be able to derogate temporarily from the obligation to provide assistance by a lawyer in the pre-trial phase for compelling reasons, namely where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person, or where immediate action by the investigating authorities is imperative to prevent substantial jeopardy to criminal proceedings in relation to a serious criminal offence, inter alia, with a view to obtaining information concerning the alleged co-perpetrators of a serious criminal offence, or in order to avoid the loss of important evidence regarding a serious criminal offence. During a temporary derogation for one of those compelling reasons, the competent authorities should be able to question children without the lawyer being present, provided that they have been informed of their right to remain silent and can exercise that right, and that such questioning does not prejudice the rights of the defence, including the right not to incriminate oneself. It should be possible to carry out questioning, to the extent necessary, for the sole purpose of obtaining information that is essential to avert serious adverse consequences for the life, liberty or physical integrity of a person, or to prevent substantial jeopardy to criminal proceedings. Any abuse of this temporary derogation would, in principle, irretrievably prejudice the rights of the defence.‘
       

      (33) Confidentiality of communication between children and their lawyer is key to ensuring the effective exercise of the rights of the defence and is an essential part of the right to a fair trial. Member States should therefore respect the confidentiality of meetings and other forms of communication between the lawyer and the child in the context of the assistance by a lawyer provided for in this Directive, without derogation.

      (35) Children who are suspects or accused persons in criminal proceedings should have the right to an individual assessment to identify their specific needs in terms of protection, education, training and social integration, to determine if and to what extent they would need special measures during the criminal proceedings, the extent of their criminal responsibility and the appropriateness of a particular penalty or educative measure.

      Article 3: Definitions
      For the purposes of this Directive the following definitions apply:
      (1) ‘child’ means a person below the age of 18;
      (2) ‘holder of parental responsibility’ means any person having parental responsibility over a child;  [...]
      With regard to point (1) of the first paragraph, where it is uncertain whether a person has reached the age of 18, that person shall be presumed to be a child.


      Article 4: Right to information
      1.   Member States shall ensure that when children are made aware that they are suspects or accused persons in criminal proceedings, they are informed promptly about their rights [...].


      Article 5 - Right of the child to have the holder of parental responsibility informed
      1.   Member States shall ensure that the holder of parental responsibility is provided, as soon as possible, with the information that the child has a right to receive in accordance with Article 4.

      Article 6: Assistance by a lawyer
      2.   Member States shall ensure that children are assisted by a lawyer in accordance with this Article in order to allow them to exercise the rights of the defence effectively.

       

       

      Article 10: Limitation of deprivation of liberty
      1.   Member States shall ensure that deprivation of liberty of a child at any stage of the proceedings is limited to the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, and of the particular circumstances of the case.
      2.   Member States shall ensure that deprivation of liberty, in particular detention, shall be imposed on children only as a measure of last resort. Member States shall ensure that any detention is based on a reasoned decision, subject to judicial review by a court. Such a decision shall also be subject to periodic review, at reasonable intervals of time, by a court, either ex officio or at the request of the child, of the child's lawyer, or of a judicial authority which is not a court. Without prejudice to judicial independence, Member States shall ensure that decisions to be taken pursuant to this paragraph are taken without undue delay. 
       

      Article 11: Alternative measures
      Member States shall ensure that, where possible, the competent authorities have recourse to measures alternative to detention (alternative measures).
       

      Article 12: Specific treatment in the case of deprivation of liberty
      1.   Member States shall ensure that children who are detained are held separately from adults, unless it is considered to be in the child's best interests not to do so.
      2.   Member States shall also ensure that children who are kept in police custody are held separately from adults, unless:
      (a) it is considered to be in the child's best interests not to do so; or
      (b) in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests.
      3.   Without prejudice to paragraph 1, when a detained child reaches the age of 18, Member States shall provide for the possibility to continue to hold that person separately from other detained adults where warranted, taking into account the circumstances of the person concerned, provided that this is compatible with the best interests of children who are detained with that person.
      4.   Without prejudice to paragraph 1, and taking into account paragraph 3, children may be detained with young adults, unless this is contrary to the child's best interests.
      5.   When children are detained, Member States shall take appropriate measures to:
      (a) ensure and preserve their health and their physical and mental development;
      (b) ensure their right to education and training, including where the children have physical, sensory or learning disabilities;
      (c) ensure the effective and regular exercise of their right to family life;
      (d) ensure access to programmes that foster their development and their reintegration into society; and
      (e) ensure respect for their freedom of religion or belief.
      The measures taken pursuant to this paragraph shall be proportionate and appropriate to the duration of the detention.
      Points (a) and (e) of the first subparagraph shall also apply to situations of deprivation of liberty other than detention. The measures taken shall be proportionate and appropriate to such situations of deprivation of liberty.
      Points (b), (c), and (d) of the first subparagraph shall apply to situations of deprivation of liberty other than detention only to the extent that is appropriate and proportionate in the light of the nature and duration of such situations.
      6.   Member States shall endeavour to ensure that children who are deprived of liberty can meet with the holder of parental responsibility as soon as possible, where such a meeting is compatible with investigative and operational requirements. This paragraph shall be without prejudice to the nomination or designation of another appropriate adult pursuant to Article 5 or 15.
       

    • Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast)

      [...]

      (35) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 6, 7, 18, 21, 24 and 47 of the Charter and has to be implemented accordingly.

      [...]

    • Council of the European Union Recommendation of 9 December 2013 on effective Roma integration measures in the Member States

      ‘Access to education
      1.3. Take effective measures to ensure equal treatment and full access for Roma boys and girls to quality and mainstream education and to ensure that all Roma pupils complete at least compulsory education (6). This goal could be attained by means of measures such as measures:
      (a) eliminating any school segregation;
      (b) putting an end to any inappropriate placement of Roma pupils in special needs schools;
      (c) reducing early school leaving (7) throughout all levels of education, including at secondary level and vocational training;
      (d) increasing the access to, and quality of, early childhood education and care, including targeted support, as necessary;
      (e) considering the needs of individual pupils and addressing those accordingly, in close cooperation with their families;
      (f) using inclusive and tailor-made teaching and learning methods, including learning support for struggling learners and measures to fight illiteracy, and promoting the availability and use of extracurricular activities;
      (g) encouraging greater parental involvement and improving teacher training, where relevant;
      (h) encouraging Roma participation in and completion of secondary and tertiary education;
      (i) widening access to second-chance education and adult learning, and providing support for the transition between educational levels and support for the acquisition of skills that are adapted to the needs of the labour market.‘

    8 results found

    • Committee on Economic, Social and Cultural Rights, General comment No. 13 (1999) on the right to education

      ‘6. While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:
      (a) Availability - functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology;
      (b) Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions:
      (i) Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);
      (ii) Physical accessibility - education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a "distance learning" programme);
      (iii) Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available "free to all", States parties are required to progressively introduce free secondary and higher education;
      (c) Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4));
      (d) Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings. [...]‘

    • Committee on Economic, Social and Cultural Rights, General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities

      ‘21. The increased role and impact of private actors in traditionally public sectors, such as the health or education sector, pose new challenges for States parties in complying with their obligations under the Covenant. Privatization is not per se prohibited by the Covenant, even in areas such as the provision of water or electricity, education or health care where the role of the public sector has traditionally been strong. Private providers should, however, be subject to strict regulations that impose on them so-called “public service obligations”: in the provision of water or electricity, this may include requirements concerning universality of coverage and continuity of service, pricing policies, quality requirements, and user participation. Similarly, private health-care providers should be prohibited from denying access to affordable and adequate services, treatments or information. For instance, where health practitioners are allowed to invoke conscientious objection to refuse to provide certain sexual and reproductive health services, including abortion, they should refer the women or girls seeking such services to another practitioner within reasonable geographical reach who is willing to provide such services.‘
      ‘22. The Committee is particularly concerned that goods and services that are necessary for the enjoyment of basic economic, social and cultural rights may become less affordable as a result of such goods and services being provided by the private sector, or that quality may be sacrificed for the sake of increasing profits. The provision by private actors of goods and services essential for the enjoyment of Covenant rights should not lead the enjoyment of Covenant rights to be made conditional on the ability to pay, which would create new forms of socioeconomic segregation. The privatization of education illustrates such a risk, where private educational institutions lead to high-quality education being made a privilege affordable only to the wealthiest segments of society, or where such institutions are insufficiently regulated, providing a form of education that does not meet minimum educational standards while giving a convenient excuse for States parties not to discharge their own duties towards the fulfilment of the right to education. Nor should privatization result in excluding certain groups that historically have been marginalized, such as persons with disabilities. States thus retain at all times the obligation to regulate private actors to ensure that the services they provide are accessible to all, are adequate, are regularly assessed in order to meet the changing needs of the public and are adapted to those needs. Since privatization of the delivery of goods or services essential to the enjoyment of Covenant rights may result in a lack of accountability, measures should be adopted to ensure the right of individuals to participate in assessing the adequacy of the provision of such goods and services.‘

    • Human Rights Council Resolution 25/20 (2014) - The right to education of persons with disabilities
    • Human Rights Council Resolution 26/17 (2014) - The right to education: follow-up to Human Rights Council resolution 8/4
    • Human Rights Council Resolution 35/22 (2017) - Realizing the equal enjoyment of the right to education by every girl
    • Recommendation CM/Rec (2012)13 of the Committee of Ministers to member States
      on ensuring quality education
    • UNESCO Recommendation concerning technical and vocational education and training (TVET)
    • UNESCO Recommendation on adult learning and education