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Adelina MIHAI: Defining the right to education. A universal challenge for the international law

Abstract: The concept of "education” is one of the terms which is defined in many different ways depending, on one hand on the domain in which it is being used, and, on the other hand, on the social context. The legal sense of this concept raises several issues related to the social context, due to the fact that the culture of each state leaves its mark on the way we perceive the concept. Therefore, there are a few legal sources that can provide a concrete definition of the term "education" because of the vast meaning of the term. The problems arise when the concept of "education" is involved in a phrase, in fact in the phrase "right to education". Judicially speaking, if we refer to the right to education, there immediately appears a complex process which involves two characters: the state and the individuals who benefit from the right to education. In this case another question arises: When can we consider that someone is educated? How does the state guarantee a right to education? Can we say about someone that he is educated if he has only a few skills developed?

Key-words: education, right to education, cultural perception, international law


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