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Equal Opportunity: Everyone Has Right to Education

The development of society, comparative, and integration processes provoked the activation of society in the direction of educational space and the right to education as a fundamental, dominant right, especially for minors and young people.

However, progressive is that society has reached the need to understand education as a broader category, not reducing it only to school or higher education. “Education for All” as a continuous process is modern an up-to-date legal principle that provides global perspectives on a person regardless of age or other factors.

The legal literature states that in the objective sense, the right to education is the legal institute, the system of constitutional legal norms provided by the state for the benefit of the individual and the citizen, regulate public relations in order to acquire a certain amount of knowledge, ability, skills and determines the constant development of the individual, his preparation for employment activities, participation in the management of affairs of society and the state.

Scientists also focus on the constitutional nature of the law understudy. So, the constitutional right to education is a natural right, inalienable from a person recognized by the state at the constitutional level and directly acting (nobody may adopt a legal act contrary to the scope of the rights and obligations in the field of education, which is enshrined in the constitution); has a specific social content, which is expressed in meeting the natural need of man to know the world around him; is continuous in nature and implemented through a system of industry standards; is equal to those to whom it applies.

Indeed, the constitutional right to education in an objective sense is a system of constitutional rules that regulate public relations in the field of education related to the acquisition of knowledge, continuous development of personality. In turn, the constitutional right to education in a subjective sense is a measure envisaged and guaranteed by the state of the possible behavior of the legal entities in the field of education, which involves the development and upbringing of the individual, involving the person in scientific and cultural heritage for political, economic, social, cultural and other progress of society.

The right to education is a legal opportunity, recognized as an integral, universal and equal, which necessary to meet a person’s need for knowledge, skills, and the purpose of the harmonious development of the society, provided by the state, as well as the social environment in general. Thus, the analysis of previous research makes it possible to sublimate the following important elements: law education is an essential, fundamental human right enshrined in the constitutional level; right education provides comprehensive personality development; the right to education is a fundamental principle in the mechanism of its implementation.

Considering the principle of equality, we focus on its philosophical understanding, where equality is inalienable from another category – justice, where equality is formal in the principle of social relationships that meets the criteria of distributive justice equals and repays that has moral, ethical and legal content.