GLOBAL CONVENTIONAL FRAMEWORK GUARANTEING THE REALIZATION OF THE RIGHT TO EDUCATION

Abstract

The article provides a general analysis of the international convention mechanism for ensuring the realization of the right to education. The conventional mechanism for the implementation of legal norms is “a set of international legal instruments for the implementation of norms, their operation and application.” It includes the development of law enforcement standards, as well as control and law enforcement activities. Let's look at each of these elements below.

Various definitions of the concept of “implementation” are given by researchers in the literature, and quotes from them are given in the article.

The bulk of the initial rulemaking consists of so-called “soft law” provisions. Examples include UNESCO resolutions and recommendations, almost all documents of the Bologna process, and other documents of regional integration associations aimed at creating a single educational space. The article examines so-called “soft” rights from all sides and explains how they can be more effective than hard law.

The concept of the term compulsory execution is also explained in detail. The development of law enforcement norms, the results of control activities, and the application of legal norms are considered.