Fundamental principles of the national education systems · Fundamental principles of the national...

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Fundamental principles of the national education systems

Austria According to the Austrian Federal Constitutional Law Article 14 ‒ as amended (B-VG, Art. 14) democracy, humanity, solidarity, peace and justice, openness and tolerance towards everyone regardless of race, social status and financial background are fundamental principles of education in Austria.

Enabling the further development of people and improving quality are guiding principles in order to reach the highest possible educational standards. Stu-dents, parents and teachers cooperate as partners to be and become healthy, self-confident, happy, performance-oriented, and creative citizens who are capable of taking responsibility for themselves, fellow human beings, the environment and future generations in Austria, Europe and the world.

The Basic Law on the General Rights of Nationals 1867 ‒ as amended (StGG),

The European Convention on the Protection of Human Rights and Fundamental Freedoms including the first protocol,

Govern-fundamental rights of individuals in education, such as human rights, equality, and the freedom of science and its teaching (Basic Law on the General Rights of Nationals 1867 Article 17 ‒ as amended).

Provisions from the State Treaty of St. Germain (1919) and the State Treaty of Vienna (1955) (Österreichischer Staatsvertrag) mainly concern the rights of linguistic minorities (ethnic groups) to education. The Austrian Federal Constitutional Law (Articles 14-16) ‒ as amended defines the allocation of competences between central government and the prov-inces (Bundesländer).

Belgium ‒

French Community

Under the Constitution of 1831 (coordinated version of 17 February 1994), education is free, and the organisation of schools may not be subject to any re-strictive measures.

When competence for education was transferred to the Communities in 1989, and in order to safeguard the fundamental principles of organisation, funding and recognition of education ordained by the Schools Pact (law of 29 May 1959), those principles were incorporated directly into Article 24 of the Constitu-tion (coordinated version of 17 February 1994), as follows:

"Education is free, and all restrictive measures are prohibited; offences are redressed solely by law or decree. The Community guarantees parental free choice. The Community and the controlling authorities of grant-aided public schools and non-denominational independent grant-aided schools who wish to do so, administer neutral education. Neutrality implies, in particular, respect for parents' and students' philosophical, ideological, or religious views. Schools run by the public authorities offer, until the end of compulsory education, the choice of instruction in a recognised religion or in non-denominational ethics.

If a Community, acting in its capacity as a controlling authority, wishes to delegate responsibilities to one or more independent bodies, it shall only be able to do so by a decree adopted by a two-thirds majority.

Everyone has the right to education in a manner consistent with fundamental rights and liberties. Access to education is free of charge until the end of compulsory education. All students attending compulsory education have the right to ethics or religious instruction at Community expense.

All pupils or students, parents, staff members, and educational establishments are equal under law or decree. Laws and decrees shall address the objec-tive differences, in particular, the characteristics specific to each controlling authority, which justify adapted treatment.

The organisation, recognition, or subsidisation of education by the Community is regulated by law or decree."

Belgium ‒

Flemish Community

Central to the Belgian education legislation is the Belgian Constitution which guarantees 'freedom of education' (art. 24). This is a two-sided freedom:

The active freedom for every natural person or legal person to organise education and to set up institutions to that end;

The freedom of choice of school for pupils and their parents.

The school boards/organising bodies are largely autonomous in terms of teaching methods, curricula, pupil assessment and schools' pedagogical project. Each organising body (school boards in elementary education) defines its pedagogical project or mission statement independently. Therefore, government control is out of the question as long as the projects do not contravene the democratic principles upon which the Belgian State is based and the legal and statutory provisions. This is why several educational umbrella organisations and school boards have developed, written and published their pedagogical projects in great detail.

http://www.ifo.de/w/Kf34ZXoQ

http://www.ifo.de/DICE


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Belgium ‒

Flemish Community

(cont.)

The start and end of compulsory education are still set by the Federal Government. In function of the decree of the Flemish Community of 10 July 2008 concerning the system of alternance training, a full-time commitment to part-time compulsory education is inscribed in the (federal) Compulsory Education Act.

The act of 29 June 1983 on compulsory education specifies that minors, Belgians and foreigners alike, are subject to compulsory education for a period of 12 years. It starts in the school year during which the child turns 6 and ends when the child becomes 18 years of age. The circular letter SO 68 of 1/3/2000 clarifies that the period of compulsory education comes to an end at the pupil' 18th birthday, i.e. when the person becomes of age and can no longer be compelled to attend school until the end of the school year. However, the circular letter asks schools to do their utmost to convince pupils to finish the year in progress. For pupils who turn 18 years of age after 30 June and who have already attended 12 years of primary and secondary education during the calendar year in which they turn 18, compulsory education comes to an end on 30 June, i.e., at the end of the school year. Minors who have successfully completed full-time secondary education are no longer compelled to attend compulsory education.

Belgium ‒

German-speaking Community

The basic principles of the education pact applicable to the education system are recorded in the constitution (article 24).

Art. 24: §1 ‒ The education system is free. All measures to prevent this are forbidden. Offenses are punished according to law or decree. The Community

guarantees parents the freedom of choice. The Community administers an impartial education system. This impartiality particularly includes respect for parents' and pupils' philosophical, ideological or religious opinions. The schools administered by the public authority provide the choice between an educa-tion in a recognised religion or non-denominational ethics throughout the student’s compulsory education.

§2 ‒ If, as an organisational institution, a Community wants to delegate authority to one or more autonomous organs, the decree for this purpose needs to

have a majority of two thirds of the votes submitted.

§3 ‒ Everyone has the right to an education as part of the fundamental rights and freedoms. Students have access to education free of charge throughout

their compulsory education. All students required to go to school are entitled to a religious or moral education at the expense of the Community.

§4 ‒ All students, pupils, parents, personnel and educational institutions are equal before the law or decree. The law and the decree allow objective differ-

ences that warrant relevant discussion, especially regarding features unique to each organisational institution.

§5 ‒ The organisation, recognition, or subsidisation of the education system by the Community is regulated by law or decree.

Hence, the organisation and administration of the education system falls under the jurisdiction of the Communities, which have the power to independently develop their educational policies. The education system is administered, subsidised or simply approved by the Community.

In order to ensure the continuity of the education system when the Communities took over responsibility of the system in 1989, the existing national legisla-tion continued to remain in effect, even if it was adapted to the specific requirements of the respective Communities. Although both of the country’s larger Communities were able to begin making some important amendments soon after taking over the system thanks to their previously existing administrations, it took the German-speaking Community a bit longer since it first had to establish its own educational administration. In 1998, the government began draft-ing a schedule and basic decrees for a reform of the primary, secondary, and post-secondary education.

Bulgaria The social mission of basic education is defined as preparing young people for a full and active life in a democratic society under market economy condi-tions, in which a person's fulfilment includes one's taking responsibility for the current and future life of the nation and mankind in general.

The Bulgarian educational system provides for the acquisition of the basic foundations and principles of human knowledge; the formation of universal hu-man and national values, virtues and culture; respect to others, compassion and civil responsibility; the development of the individual and stimulating artistic talents and gifts; spiritual, physical and social development and a healthy way of life; providing possibilities for needs and interest development for lifelong learning leading to self-development.




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Bulgaria (cont.)

Restrictions and privileges based on race, nationality, gender, ethnical and social origin, religion and social status are not tolerated. Education is secular and compulsory up to 16 years of age pursuant to the Constitution of the Republic of Bulgaria. Education is free at all state and municipal schools.

The completion of the respective level of education guarantees the acquisition of the general educational minimum, defined by the state educational re-quirements specified for different subjects and classes, as well as of knowledge and skills corresponding to the interests and the individual needs of the pupils.

Basic principles for modernization of the Bulgarian education system are:

Quality of education as a function of the quality of teaching, financing, teachers qualification and school equipment;

Active partnership among all parties involved- teachers, parents, employers, trade unions, non-governmental organizations;

Competition among the schools/ higher schools based on provision of high quality and attractive education regardless of the form of ownership of school/ higher school;

Openness, i.e. making the education system flexible with respect to the labour market economy;

Equal access to education system with a view to an adequate integration of all disadvantaged groups.

Croatia Fundamental principles of national education system of Croatia are given by the Croatian Constitution. Art. 65 of the Constitution hence establishes that in Croatia education is accessible to all citizens under the same conditions in accordance with their capabilities, as well as that compulsory education (encom-passing 8 years of single structure primary and lower secondary education) is free for all.

Pre-primary education is regulated by the Act on Pre-primary education and care (Official Gazzette 10/97, 107/07).

Primary and general secondary education is regulated by the Act on education in elementary and middle school (Official Gazzette 87/08, 86/09, 92/10, 105/10, 90/11, 5/12, 16/12, 86/12, 126/12). Vocational secondary education is regulated by the Act on Vocational Education and Training (Official Gazzette 30/09, 24/10'). Artistic secondary education is regulated by the Act on artistic education (Official Gazzette NN 130/11).

Higher education is regulated by the Act on Science and Higher Education (Official Gazzette 123/03, 198/03, 105/04, 174/04, 02/07, 46/07, 45/09, 63/11).

Adult education and lifelong learning is regulated by the Act on the Adult Education (Official Gazzette 17/07, 107/07, 24/10) and Act on Life-long Learning Centres (Official Gazzette 54/97, 5/98, 109/99, 139/10.)

Cyprus The current educational system is regulated by the 1960 Constitution and the provisions of Law 24(I)/1993. Article 20 of the 1960 Constitution of the Repub-lic of Cyprus outlines the fundamental principles that govern the entire education system. As stipulated, every person has the right to receive and every person or institution has the right to give instruction or education, provided that it will be in accordance with the Republic’s laws. Education provision may only be restricted for reasons of the security of the Republic, or the constitutional order, or the public safety, health and morals or the standard and quality of education or for the protection of the rights and liberties of others including the right of parents to secure for their children such education as is in conformity with their religious convictions. Furthermore, Article 20 stipulates that free and compulsory primary education, as well as education other than primary should be made available as it will be provided by relevant laws.

Based on the above stated fundamental principles, official documents of the Ministry of Education and Culture, such as the school curricula and others, stipulate equal opportunities, democratic structures and mutual links between education and real life - social, cultural, economic.

In accordance with Article 20 of the Constitution, Law 24(I)/1993 provides for free education from the age of 4 8/12 to the age of 18 (end of upper secondary education), and compulsory education from the age of 4 8/12 to the age of 15 (end of lower secondary education). Parents or guardians of minors who fail to register and send them to school during these specified periods are subject to a penalty.

Law 24(I)/1993 also provides that the textbooks published by the Ministry of Education and Culture in Cyprus are provided free of charge to teachers and pupils. It also assigns to the Council of Ministers the authority to decide for provision of transport, either subsidised or free of charge, to pupils living at a distance from the school they attend.




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Czech Republic

Charter of Fundamental Rights and Freedoms: The basic principles governing the provision of education are contained in the Charter of Fundamental Rights and Freedoms (hereafter Charter), which is a part of the Constitution. The Charter refers to education in several articles that are of general character and define its fundamental characteristics regarding the rights and legitimate interests of citizens. For example, the Charter says that the care of children and their education is the right of parents. Children have the right to be brought up and cared for by their parents. (Article 32, paragraph 4)

Article 33 says: Everybody is entitled to education. The period of compulsory schooling is set down in law. Citizens have the right to free education at basic school and upper secondary school, and, depending on individual ability and the means available to society, also at higher education institution. Non-public schools may be established only under conditions laid down by law. These schools may provide education for payment.

The law lays down conditions under which citizens are entitled to state assistance during their studies.

Citizens belonging to national or ethnic minorities are, under the terms set down by law, entitled to receive education in their own language. (Art. 24, par.2.a)

Everybody has the right to a free choice of occupation and professional career. (Art. 26, par.1)

The law lays down all conditions for the teaching of religion in public schools. (Art. 16, par.3)

Freedom of scientific research and artistic work is guaranteed. (Art. 15, par.2)

Denmark According to the Danish Constitution, chapter 8, article 76, all children of compulsory education age have a right to free education in the Folkeskole. A par-ent or a person with legal custody of a child, who see to it themselves that the child receives instruction, which meets the general requirements in the Folkeskole, are not obliged to enrol their children in the Folkeskole. Fundamentally, the Folkeskole is inclusive, and all pupils are entitled to instruction.

The principles of the folkeskole are also set out in the Consolidation Act on the Folkeskole, [[1]], LBK nr 521 af 27/05/2013.

With regards to further education, the upper secondary educational programmes (STX, HF, HHX and HTX) prepare pupils for further studies and at the same time develop the pupils’ personal and general competencies. The programmes aim at enhancing the pupils’ independent and analytical skills as well as preparing them to become democratic and socially conscious citizens with a global outlook. The fundamental principles of the programmes are set out in different consolidations acts:

Bekendtgørelse af lov om uddannelsen til studentereksamen (stx), LBK nr 1076 af 04/09/2013;

Bekendtgørelse af lov om uddannelsen til højere forberedelseseksamen (HF), LBK nr 1075 af 04/09/2013;

Bekendtgørelse af lov om uddannelserne til højere handelseksamen (hhx) og højere teknisk eksamen (htx), LBK nr 1074 af 04/09/2013; In the Consolidation Act on vocational educational programmes it is stated that the overall purpose of the programmes is to motivate young people to edu-cation and make sure that all young people who wants a vocational education have the possibility to do so and to choose from a wide range of pro-grammes.

Bekendtgørelse af lov om erhvervsuddannelser, LBK nr 439 af 29/04/2013; With regards to higher education, the purpose of the academy profession programmes and the professional bachelor programmes is according to the Con-solidation Act on these programmes to secure practical oriented programmes which on an international level meets the need for qualified labour in the pri-vate and public sector.

Bekendtgørelse af lov om erhvervsakademiuddannelser og professionsbacheloruddannelser, LBK nr 467 af 08/05/2013; The Consolidation Act on Universities states that the purpose of the act is to secure that the universities provide research and offer research-based educa-tion until the highest international level (bachelor, master and Ph.D.).

Bekendtgørelse af lov om universiteter (universitetsloven), LBK nr 367 af 25/03/2013.




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Estonia The fundamental principles of provision of education in the Republic of Estonia are established in the Constitution of the Republic, the Child Protection Act and the Education Act.

According to the Constitution of the Republic of Estonia, everyone has the right to education. The point of departure of education is the recognition of basic human and national values and freedom of personality, religion and consciousness. The main purpose of education is to establish favouring conditions for the development of personality, family, the Estonian and minority nations, also the development of economic, political and cultural life in Estonia and protec-tion of the environment in the context of the global economy and culture. It is equally important to raise people who will respect and follow laws, and to cre-ate possibilities for continuous learning for everybody.

According to the Child Protection Act, every child has the right for education, which develops the child's mental and physical abilities and forms a healthy personality. Instruction must focus on the individual, take into consideration the differences between sexes and be grounded on recognition of children' pro-gress. Instruction must not involve physical violence or mental abuse. Instruction must not be ideologically biased or promote hatred or violence. Teachers and caretakers of children with special needs (physical disabilities, sensory disorders, speech disorders and multiple disabilities, mental disabilities, nervous disorders, psychiatric disorders or behavioural disorders) must have acquired special education and be suitable for such work.

Education is compulsory for school-age children to the extent specified by law and free of charge in state and local government general education schools. The provision of education is supervised by the state. In order to make education accessible, the state and local governments must maintain the requisite number of educational institutions. Other educational institutions, including private schools, may also be established and maintained pursuant to law. Op-eration of schools grounded on the private capital of physical or legal entities is regulated by the Private Schools Act.

Parents have the final decision in making educational choices for their children. Everyone has the right to receive instruction in Estonian. The Republic of Estonia guarantees the instruction of the Estonian language in all public educational institutions and study groups where the language of instruction is other than Estonian. In basic school the language of instruction may be any language; the choice of the language is made by the owner of the school. In upper secondary school, the language of instruction is Estonian but it may be any other language if the Government of the Republic approves it according to a relevant application. Religious training is voluntary for students but compulsory for a school, provided that there is sufficient demand. The structure of the educational system and the educational standard of the state create an opportunity for everyone to proceed from one educational level to another.

The Ministry of Education and Research has set the objective to develop legislation that regulates all educational relationships essential for the society by delivering optimal number of legal acts, implements similar practices in regulation of similar fields of education, and uses the same terminology throughout the educational legislation. In addition to the Republic of Estonia Education Act, 9 more acts regulate the educational sphere in Estonia: the Preschool Child Care Institutions Act, the Basic Schools and Upper Secondary Schools Act, the Vocational Educational Institutions Act, the Universities Act, the Private Schools Act, the Institutions of Professional Higher Education Act, the Standard of Higher Education, the Adult Education Act and the Science and Devel-opment Organisation Act.

Finland The main objective of Finnish education policy is to offer all citizens equal opportunities to receive education, regardless of age, domicile, financial situation, sex, mother tongue or religion. Education is considered to be one of the fundamental rights of all citizens. Firstly, provisions concerning fundamental educa-tional rights guarantee everyone (not just Finnish citizens) the right to free basic education; the provisions also specify compulsory education. Basic and compulsory education is stipulated in more detail in the Basic Education Act. Secondly, the public authorities are also obligated to guarantee everyone an equal opportunity to obtain other education besides basic education according to their abilities and special needs, and to develop themselves without being prevented by economic hardship.

A major objective of Finnish education policy is to achieve as high a level of education and competence as possible for the whole population. One of the basic principles behind this has been to offer post-compulsory education to whole age groups. In international terms, a high percentage of each age group goes on to upper secondary education when they leave comprehensive school: 93 per cent of those completing basic education continue immediately after the basic education their studies in general upper secondary schools or vocational upper secondary education and training.




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Finland (cont.)

Issues of educational equality are among the key topics in the Development Plan for Education and Research for 2011–2016. There are several aims in measures reducing inequality in education. In all education levels measures will be taken to halve differences between schools and regions, the gender effect and the influence of the ethnic background on participation in education by 2020. Measures will also be taken to halve the effect of the social and ethnic background on dropout in post-compulsory education and training and on participation in general and vocational upper secondary education by 2020. In higher education the gender difference in graduation in the young age groups will be reduced by 2020 and halved by 2025. Changes in educational legis-lation, administration and financing will always be subjected to an impact analysis to assess their effect on equal opportunity in education, gender equality and inheritance of education.

The present legislation on day care dates back to the early 1970s (19.1.1973/36). The Government has given a proposal for a new legislation on early childhood education and care and it is in the processing of the Parliament.

The legislation governing primary and secondary level education as well as part of the legislation governing adult education was stipulated on 1 January 1999. It is a uniform legislation concerning the objectives, contents, evaluation and levels of education as well as students’ rights and responsibilities. The legislation substantially increased the independent decision-making powers of the local authorities, other education providers and schools. For example, education providers will decide independently on the institutions to provide education. There is no regulation of working hours in general upper secondary schools, and in vocational education and training, and arrangements for working hours are decided locally. The general upper secondary schools, for in-stance, may purchase their religious instruction from the local parish.

In terms of basic education, the most significant change was the abolishment of the division of comprehensive school into lower and upper stages. Howev-er, a comprehensive school place will still be guaranteed to everyone, in accordance with the "local school principle’. Local school principle means that eve-ry child has a right to go to the nearest school to her/his place of residence.

France Fundamental Principles The French constitution states that it is the duty of the state to “provide free, compulsory, secular education at all levels”. The French school system was founded on general principles that were inspired by the 1789 revolution, built on and perfected by a set of legislative texts from the 19th century to the pre-sent day.

Freedom of choice State schools and private schools that have a contract with the state coexist within the state system. In exchange for signing a public contract, private schools benefit from state support but are subject to regulation and must respect the national curriculum. The state alone awards diplomas. Exams are set at the national level. 83% of pupils are schooled in the state system and 17% in private schools. A small number of pupils are taught in private schools that have not signed a public contract.

Free Provision Provision of schooling primary level (pre-primary and primary schools), secondary level (lower secondary collèges and upper secondary general, technolog-ical and vocational lycées) is free in state schools. At primary level, local authorities at towns level (the municipalities) pay for textbooks in almost all cases. The State also provides free textbooks in collèges (lower secondary). Theoretically in lycées (upper secondary) textbooks are paid for by parents but in practice the conseils régionaux (regional authorities) cover this cost.

Neutrality State schooling is neutral: teachers and pupils are required to show philosophical and political neutrality.




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France (cont.)

Secularism The French school system has been based on the principle of secularism since the end of the 19th century. State schooling has been secular since the Jules Ferry (after the Minister for State Schools from 1879 to 1883) Education Act of 28 March 1882. Staff have been secular since 30 October 1886. Re-spect for the beliefs of pupils and their parents means an absence of religious education in the curriculum, the prohibition of proselytising and the secular-ism of staff. The principle of religious freedom led to the introduction of one day off every week to allow for religious teaching outside school. Schooling has been compulsory since 1882 Act. This applies to all French or foreign children over the age of 6 and resident in France. Originally the school leaving age was 13 but this was extended to 16 in 1959. Education is mainly provided by state schools and private schools that have signed a public con-tract. Parents can however, with prior agreement, choose to school their children at home.

Germany In the Federal Republic of Germany responsibility for the education system is determined by the federal structure of the state. Under the Basic Law (Grundgesetz) the exercise of governmental powers and the fulfilment of governmental responsibility is incumbent upon the individual Länder as far as the Basic Law does not provide for or allow for any other arrangement. The Basic Law contains a few fundamental provisions on questions of education, culture and science: thus for example it guarantees the freedom of art and scholarship, research and teaching (Art. 5, Paragraph 3), the freedom of faith and creed (Art. 4), free choice of profession and of the place of training (Art. 12, Paragraph 1), equality before the law (Art. 3, Paragraph 1) and the rights of parents (Art. 6, Paragraph 2). The entire school system is under the supervision of the state (Art. 7, Paragraph 1).

Greece Pursuant to article 16 of the Constitution, arts, science, research and teaching are offered for free. The State is obliged to foster conditions for their devel-opment and promotion.

Education is the fundamental mission of the State and its purpose is the moral, spiritual, professional and physical education of Greek people, the develop-ment of a national and religious consciousness and the moulding of free and responsible citizens.

Education is provided for free to all Greeks in all grades, in state schools. The State supports the pupils who distinguish themselves, and those in need of assistance or special protection, according to their abilities.

The years of compulsory education should not be less than nine.

Vocational and any other special training is also provided by the State at higher education schools for a period not exceeding three years.

Higher education is provided exclusively by institutions which are legal entities of public law with full self-government. These institutions are under the su-pervision of the State, are entitled to financial assistance by the State and operate according to the laws related to their administrative bodies. The estab-lishment of higher education schools by private individuals is prohibited.

Freedom of religious conscience is inviolable. Article 13 of the Constitution gives citizens a clear legal statement of their civil and political rights that do not depend on one’s religious beliefs.

The commitment of the State towards a society of equality and egalitarianism (Article 4 of the Constitution) is reflected on the educational system that seeks to avoid preferential treatment and any differentiation among pupils, teachers, schools or areas, other than on the basis of objective criteria.

As defined in Law 1566/1985, the purpose of primary and secondary education is to contribute to the overall, harmonious and balanced development of the cognitive and psychosomatic powers of the pupils so that, regardless of their gender and origin, they have the potential to develop their personalities fully and live creatively.




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Greece (cont.)

The educational mission of the higher education institutions, in accordance with Law 4009/2011, is as follows: a) to produce and transmit knowledge by means of research and teaching, to prepare pupils for the implementation of this knowledge on the professional field and cultivate arts and culture; b) to offer higher education and contribute to Lifelong Learning via modern teaching methods, including distance learning, based on scientific and techno-logical research at the highest possible level of quality conforming to internationally recognized criteria; c) to develop the pupils’ critical faculty and skills, to promote the employability of graduates and to formulate the necessary conditions for the emergence of new researchers; d) to respond to the needs of the labour market and professional fields, as well as to the country's development needs, and to promote diffusion of knowledge, exploitation of research results and innovation; all these should be performed with dedication to the principles of scientific ethics, sustainable development and social cohesion; e) to promote cooperation and mobility, leading to the construction of the European Higher Education and Research Area; f) to contribute to the creation of responsible citizens, able to respond to the requirements of all fields of human activities with scientific, occupational and cultural adequacy and responsibility and with respect to the values of justice, freedom, democracy and social solidarity.

The framework law for Lifelong Learning (Law 3879/2010) supports the development of Lifelong Learning through alternative educational routes, the net-working of Lifelong Learning bodies and quality assurance in order to achieve the interconnection of Lifelong Learning with the labour market, the formula-tion of integrated personalities and social and economic development, in general.

Hungary

The new Fundamental Law of 2011 does not change the fundamental rights relating to education. It declares the freedom of conscience and religion, the freedom of expression, freedom of scientific research and teaching, the right of national minorities to preserve their cultural identity and to learn in their mother tongue.

It declares that all Hungarian citizens have the right to education, and the state guarantees this right to all of its citizens by extending and generalising public education, providing free and compulsory basic education, free and generally available upper-secondary education, and higher education available to every person according to his or her abilities.

It declares that Hungary ensures fundamental rights to every person without any discrimination on the grounds of race, colour, sex, disability, language, religion, political or other views, national or social origin, financial, birth or other circumstances whatsoever.

It acknowledges that every child has the right to the protection and care required for his or her proper development and that the parents have the right to choose the type of upbringing they deem fit for their children. At the same time, it declares that the parents are obliged to look after their children, including the provision of schooling for their children.

The essence of these constitutional rights from the educational point of view is that the state ensures its citizens basic (i.e. primary and lower secondary) education on a free but compulsory basis, and it further guarantees that upper-secondary and higher education should be accessible to everybody in ac-cordance with their capabilities, and participants will be granted financial support. Thus, education is a public service provided by the state at all levels by maintaining its institutions and creating the necessary legislative framework. The right to education means, beyond scientific and artistic freedom, the free-dom of learning and teaching as well. The freedom of learning involves the right to choose one’s preferred educational institution, and its faculty, and pro-gramme(s), and the right to establish educational institutions. Thus no state monopoly may be enforced in this area, and churches, NGOs, foundations, and private individuals may freely decide to establish and operate educational institutions. Those establishing such an institution are free to specify their institu-tion’s educational profile, the religious or ideological orientation or lack of such, as well as major principles of education. The freedom of teaching varies according to level of education, and assumes its full dimension in higher education in the form of institutional autonomy.




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Hungary (cont.)

The right to freedom of conscience and religion, the right to freedom of expression, the separation of the state and churches, and the right of national and ethnic minorities to use their mother tongue and to learn in their mother tongue are key constitutional rights and fundamental principles as regards educa-tion.

There is a single obligation in the constitution related to education, and that is compulsory education. This means that law obliges parents (residing in Hun-gary irrespective of their citizen status) to ensure that their children of mandatory school age attend school.

Ireland The constitutional position with regard to education in Ireland is set out in Articles 42, 44.2.4° and 44.2.6° of the Constitution of Ireland, 1937. Article 42 clearly established the parents as having the primary rights and responsibilities for the education of their children. Article 42.2 of the Constitution requires the State to provide for – but not supply – free primary education. If the State ensures that a place is available to a child in a school that respects parental freedom of conscience and lawful preference, then the State has discharged its constitutional obligation. Education is compulsory from the age of 6 to 16 years of age, but parents have the right to educate their children at home if they provide evidence of being able to provide it satisfactorily.

Article 42.3.2 asserts that the State as guardian of the common good shall require in view of actual conditions that the children shall receive a certain mini-mum education, moral, intellectual and social. There is also provision in Article 42.5 that where parents for physical or moral reasons fail in their duty to-wards their children, the State shall endeavour to supply the place of parents, by appropriate means.

While in the past, Ireland had a limited range of education legislation when compared with many other developed countries, recent years have witnessed a significant amount of new educational legislation. Notable in this regard are the Universities Act of 1997 and the Education Act, 1998. The Universities Act is the first comprehensive legislation that affects all seven universities in the State. The Act sets out the relationships between the State and the universi-ties. It modernises the administrative structure of the universities and designates modes of accountability and strategic planning procedures for quality as-surance. On the other hand, it respects the academic autonomy of the universities. The Act has won general acceptance and is being implemented without apparent problems or controversies.

The Education Act, 1998 is a comprehensive measure, and is the first such Act since the foundation of the State in 1922. It sets out the functions and re-sponsibilities of all key partners in the schooling system and gives expression to the principles of education at the centre of the Irish system. It seeks the establishment of boards of management for all schools. It requires schools to engage in the preparation of school plans. Schools are required to promote parent associations. Accountability procedures are laid down. Attention is paid to the rights of parents and pupils. The Act also includes statutory provision for the National Council for Curriculum and Assessment (NCCA) and it sets out roles for the regional Education Centres. The Education (Welfare) Act, 2000, provides guidelines for attendance in the period of compulsory education and the rights and responsibilities of parents in relation to the education system. A National Educational Welfare Board (NEWB) was established to oversee the enactment of the provisions of the Education (Welfare) Act, 2000.

The mission of the Department of Education and Skills focuses on the provision of a high-quality education, which will enable individuals to achieve their full potential and to participate fully as members of society and to contribute to Ireland’s social, cultural and economic development. In pursuit of this mission, the Department has the following high-level goals: to promote equity and inclusion; to promote quality outcomes; to promote life-long learning; to plan for education that is relevant to personal, social, cultural and economic needs; and, to enhance the capacity of the Department of Education and Skills for ser-vice delivery, policy formulation, research and evaluation.




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Italy The Italian school legislation has its foundations in the Constitution of the Italian Republic of 1948. Articles 30, 33, 34 and 38 in particular lay down the prin-ciples of the system. Basic principles on education include:

the freedom of teaching;

the duty of the State to provide every type and level of education open to everyone;

the right of universities, academies and higher institutions to lay down their own regulations;

the right of private individuals to establish schools and educational institutions at no cost for the State; the right/duty of parents to provide education for their children. The law must take measures to help families with no means to exercise their right/duty. Ap-propriate measures must be taken to enable capable and deserving students to enter higher levels of education even if they lack financial resources. The education of citizens also includes the education and vocational training of disabled citizens.

The fundamental principles of the Constitution are the basis for all subsequent legislation.

As for school education, le legislative framework is quite complex. Here below, a short list of the basic legislation:

Decree no. 275 of 8 March 1999 providing schools with didactic, organizational and research autonomy;

Law no. 62 of 10 March 2000 concerning equality between public and private education;

Constitutional Law no. 3 of 18 October 2001 which modified the subdivision of the responsibilities, also as far as education is concerned, between State and Regions;

Law of 28 March no. 53 for the reform of the education and training system. The law has been partially amended;

Law No. 296 of 27 December 2006 (Financial law 2007) which establishes, among the others, the extension of compulsory education to ten years (up to 16 years of age), to be fulfilled by pupils either at school or through three-year vocational courses falling under the responsibility of the Regions; dispositions for its implementation have been issued through Ministerial Decree no. 139 of 22 August 2007;

Law no. 133 of 6 August 2008 containing measures to reduce public costs also in the field of education. It provides for a series of interventions, among which the re-organisation of the school system (DPR 81/2009), the revision of the first cycle of education and of timetables (DPR 89/2009), the reform of the second cycle of education (DPR 87/2010, DPR 88/2010, DPR 89/2010) and the inclusion of Regional three-year vocational training courses in the educa-tion system, for the fulfilment of compulsory education;

Law no. 169 of 20 October 2008 providing for new criteria for the assessment and progression of students (DPR 122/2009);

Ministerial Decree no. 249 of 10 September 2010 on initial teacher training;

Law no. 10 of February 2011 (and subsequent DPR no. 80 of 28 March 2013) which establishes the National Evaluation System.

Latvia Education has been named as the central priority since regaining independence. Human capital is an important asset of Latvia as a member state of the European Union and to compete in the global economy.

The Constitution, prescribes that everyone has the right to education. The State has to ensure that everyone may acquire single structure primary and low-er-secondary education without charge. Integrated primary and lower-secondary education is defined by the constitution to be compulsory.

At the moment the legal basis for the educational system in Latvia is the Education Law, General Education Law, Vocational Education Law, and Law on Institutions of Higher Education.

The Education Law was passed on 1991 (recent version of 1998), and was one of the first laws adopted upon the restoration of independence.




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Latvia (cont.)

The goal of the Education Law is to provide a possibility for every resident of Latvia to develop ones mental and physical potential, to become an independ-ent personality, the member of the democratic state and society of Latvia. According to the age and needs of the individual, educational system of Latvia provides a possibility:

for moral, esthetical, intellectual and physical development;

to gain skills and knowledge in humanities, social, nature and technical areas;

to gain skills, knowledge and experience of attitude in order to take part in the life of society and state.

General Education Law: stipulates the organisational and functional principles of general (pre-school, integrated primary and lower secondary and upper secondary) education; regulates rights and obligations of institutions and persons involved in general education.

Vocational Education Law: sets out the principles for organising, implementing and awarding qualifications both for initial and continuous vocational educa-tion; states the division of tasks and competences and the relationship between employers, teachers and trainees; recognises an active role for social part-ners in vocational education; states the different pathways for pursuing vocational education, the structure of programmes and the funding principles.

Law on Institutions of Higher Education: regulates legal basis of higher education institutions and colleges, sets the autonomy of higher education institu-tions, and states the cooperation between higher education institutions and state institutions to harmonize autonomy of higher education institutions with interests of society and state.

Lithuania The Lithuanian education vision is that every child, young and grown-up person in Lithuania seeks and easily finds where to learn and study, the states’ education system is composed of constantly developing and cooperating to each other and the stakeholders state’s, municipality’s and non-state education institutions that employees have authority in the society and maintain constant discussion about the development of the education, the state of the Lithuania and the success of the inhabitants as well as the development of the culture and economy and the well-proportioned countryside development.

In the Republic of Lithuania, education is a priority supported by the State. It is based on the humanistic values of the nation and world culture, the demo-cratic principles as well as the universally accepted human rights and freedoms.

The education system is based on equal opportunities, contextual interrelationship – the education system is closely related to the context of the country’s economic, social and cultural development, effectiveness - the educational system pursues high-quality results, and continuity principles.

Lithuania’s priorities in the sphere of education, its long-term objectives, direction of changes in the content of education and financing priorities are set out in the National Education Strategy 2013–2022. The Law on Education sets up the aims of the Lithuanian education, principles of the education system, the basics of the education system structure, education activities, and education relations, state’s commitments in the education policy.

Lithuanian education system is decentralized. The state’s and municipalities’ institutions participate in the education process, the schools and other educa-tion institutions have a possibility to take decisions on its management, education content and means.

Luxembourg Fundamental Principles and National Policies Article 23 of the Constitution of the Grand Duchy of Luxembourg guarantees a fundamental right to education: the State provides public primary and sec-ondary education free of charge, and the access to primary education has to be guaranteed to each citizen.

The law on compulsory schooling (6 February 2009) specifies that each child aged 3 years or above who lives in the Grand Duchy of Luxembourg has the right to attend school education.

The Constitution further states that each person is free to pursue higher education in Luxembourg or abroad, at the University of his or her choice, except for the conditions of admission to certain professions.

The conditions of provision and supervision of public education are determined by the laws governing the different types of education.




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Luxembourg (cont.)

Compulsory Education School attendance is compulsory between the ages of 4 and 16 years. Compulsory school attendance extends over twelve consecutive years. It can be fulfilled by attending a public, private or European school in Luxembourg or by going to school in a foreign country. Under certain conditions, children may be educated at home.

Children with special educational needs may comply with compulsory schooling by attending special education.

Pupils who have reached the age of 15 and who are engaged in an apprenticeship comply with compulsory schooling by attending the vocational classes of the dual apprenticeship system.

As soon as a child reaches compulsory school age (that is, if he or she reaches the age of 4 before the 1 September of the on-going year), the municipal administration informs the parents on compulsory school attendance and automatically admits the pupil to an elementary school near his or her place of residence.

Parents have to ensure that their child attends school regularly and participates in the different classes and school activities. As soon as the child has suc-cessfully completed elementary education, they have the responsibility to enrol him or her in a secondary school according to the guidance decision estab-lished at the end of elementary education.

Compliance with compulsory school attendance is controlled by the municipalities, through the municipal council (conseil communal) or the inter-municipal school association. The control is based on pupil data, which is exchanged between municipalities, national authorities and schools. If the municipal authori-ties find an infringement against compulsory school attendance, parents receive an order to comply with compulsory schooling within 8 days. If parents fail to do so, the competent ministry is informed. Infringements against the law of compulsory school attendance are punished by a fine of EUR 25 to 250.

Malta The principles, aims, objectives and the regulation of education in Malta are laid down in the Constitution of Malta and the Education Act, Chapter 327 of the Laws of Malta. Chapters I and II of the Constitution assert that State compulsory primary and secondary schooling is free of charge, thus enabling socio economic status students to attain high levels of education. The Education Act reinforces the State’s commitment towards providing a quality holistic educa-tion for all citizens without any distinction of age, sex, belief or economic means by ensuring accessibility to primary and secondary schools, special schools for children with individual educational needs, and learning institutions to all. The State shall promote the development of cultural, scientific and technical research and provide for the professional and vocational training and advancement of workers. Disabled persons and persons incapable of work are also entitled to education and vocational training.

The Education Act 1988 and its subsequent amendments state that compulsory school starts at the age of 5 years. Furthermore it clearly states that it is the duty of every parent of a minor to ensure that their child is registered in a school for the first scholastic year starting when s/he is of the compulsory school age and continues to attend school regularly up to the end of the school year during which the minor ceases to be of compulsory school age. The Act also stipulates that the parent of a minor has the right to give his/her decision with regard to any matter concerning the education which the minor is to receive. The Act ascertains the State’s right to establish a national minimum curriculum of studies for all State and non-State schools and to establish the national minimum conditions for all schools as well as the establishment of different curricula for different State schools. The Act includes mention of the provision for the education and teaching of the Catholic religion in State schools (however the parents of any minor have the right to opt that the minor should not receive instruction in the Catholic religion). Furthermore the State is the established authority to secure compliance with the national minimum curriculum of studies and the national minimum conditions for all schools.

The Education Act also establishes the setting up of a Council for the Teaching Profession, the constitution of the Colleges in which State Schools are grouped and the establishing of School Councils and Students’ Councils.




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Netherlands One of the key features of the Dutch education system, guaranteed under article 23 of the Constitution, is freedom of education, i.e. the freedom to found schools (freedom of establishment), to organise the teaching in schools (freedom of organisation of teaching) and to determine the principles on which they are based (freedom of conviction). People have the right to found schools and to provide teaching based on religious, ideological or educational beliefs. As a result there are both publicly run and privately run schools in the Netherlands.

Publicly run schools:

are open to all children regardless of religion or outlook;

are generally subject to public law;

are governed by the municipal council (or a governing committee) or by a public legal entity or foundation set up by the council;

provide education on behalf of the state.

The obligation to attend school is laid down in the Compulsory Education Act. Every child must attend school full time from the first school day of the month following its fifth birthday; in fact, however, nearly all children attend school from the age of four. Children must attend school full time for 12 full school years and, in any event, until the end of the school year in which they turn 16.

Basic qualification requirement:

Under the basic qualification requirement that came into effect in September 2007, all young people up to 18 years must attend school until they attain a basic qualification. A basic qualification is a HAVO, VWO or MBO level 2 certificate. Young people under the age of 18 who are no longer in full-time educa-tion will be required to follow a full-time programme combining work and study, such as block or day release in MBO, until they have obtained one of the required certificates.

Criteria to be met by schools:

An amendment to the Compulsory Education Act concerning criteria for schools came into effect on 1 September 2007. It provides that privately funded schools must offer the same levels of competence and facilities as government-funded schools. The amendment aims to make a clear distinction between the roles of the Inspectorate and the school attendance officer. The latter assesses whether a privately funded school fulfils the necessary criteria, but must at all times take account of the Inspectorate’s advice. The Act prescribes the steps to be taken by the school attendance off icer when a school fails to com-ply with all the legal criteria, in the opinion of the Inspectorate. If this is the Inspectorate’s conclusion, the school attendance officer will have to inform pupils’ parents that they are not fulfilling their statutory obligation under the Compulsory Education Act.

Poland The main legal basis for the school education and higher education systems is provided by the Constitution of the Republic of Poland. Its provisions refer-ring to fundamental freedoms and citizens' rights state that:

Every person has the right to education. Education is compulsory until the age of 18. The manner in which compulsory education is received is regulated by an Act of Parliament.

Education in public schools is free of charge. An Act of Parliament may allow public higher education institutions (HEIs) to charge fees for providing edu-cational services.

Parents are free to choose schools other than public for their children. Citizens and institutions have the right to establish primary schools, post-primary schools and HEIs as well as childcare centres. An Act of Parliament lays down the conditions for establishing and administering non-public schools, the contribution of public authorities in terms of funding and the principles of pedagogical supervision over schools and childcare centres.

Public authorities provide citizens with general and equal access to education. Towards this end, they establish and support individual financial and organ-isational support systems for pupils and students. The conditions for providing support are laid down by an Act of Parliament.

The autonomy of HEIs is ensured in accordance with the principles laid down in an Act of Parliament.




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Poland (cont.)

The following basic principles of the school education system are laid down in Article 1 of the Act: In particular, the school education system should:

ensure that each citizen of the Republic of Poland may exercise their right to education, and that children and young people may exercise their right to education and care as suitable for their age and stage of development;

support the family’s educational role;

enable various entities to establish and administer schools and other educational institutions;

adjust the contents, methods and organisation of education to pupils’ psychological and physical abilities, and provide access to counselling as well as special forms of teaching;

enable disabled and socially maladjusted children and youth to receive education in all types of schools in line with their individual developmental and educational needs and predispositions;

provide care for disabled children through individual teaching, the use of individualised curricula and the participation in remedial classes;

provide care for particularly gifted pupils through individualised curricula and arrangements enabling them to complete education in all types of schools within a shorter period of time;

ensure wide access to secondary schools where the completion of programmes enables students to take up study in higher education;

provide opportunities for adults to supplement their general education, acquire or change professional and specialist qualifications;

reduce educational inequalities between individual regions of the country, and especially between urban and rural areas;

ensure safety and hygiene for pupils and students at schools and other educational institutions;

promote environmental education among children and young people and develop their proper attitude to environmental issues;

provide care for pupils facing a difficult financial situation or other difficult situations in their life;

adjust education to labour market needs;

promote entrepreneurial attitude among pupils, encouraging them to actively participate in the economic life;

prepare pupils and students for the choice of career and area of study;

provide conditions for developing pupil’s interests and talents by organizing extra-curricular and after-school activities, encouraging civic activity and teaching leisure skills;

educate children and young people about personal safety and teach them proper attitude in case of danger or emergency.

This Act regulates the division of powers with regard to administering individual types of schools and nursery schools at the different levels (central, regional, local) and lays down the rules for pedagogical supervision. It is the first time since the Second World War that an Act of Parliament has regulated the estab-lishment, administering and financing of non-public schools. It also defines the rights of school heads, teachers, pupils and parents.

Portugal Access to education and culture is a legal right, foreseen in Constitution of the Portuguese Republic (articles 43 and 73) and in the Law no. 46/86. Equally enshrined in law is the duty of the State to promote the democratization of education, to contribute to equal opportunities, to the reduction of economic, social and cultural inequalities, to the development of personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and democratic involvement in public life. Compulsory education is universal, mandatory and free of charge. The freedom to teach and learn is ensured. The State cannot plan education and culture according to any philosophical, aesthetic, political, ideological or religious dictates. State education is non-denominational.




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Portugal (cont.)

The main objectives of Basic education, as set out in the Education Act, are:

To provide a general, common-basis education for all students;

To ensure that theoretical and practical knowledge, schooling and everyday life are interrelated;

To provide physical and motor development;

To encourage manual activities and promote art education;

To teach a first foreign language and start a second;

To provide the basic knowledge that will enable students to pursue their studies or be admitted into vocational training courses;

To develop knowledge and appreciation for specific values of the Portuguese identity, language, history and culture;

To develop autonomous attitudes;

To provide children with special educational needs with suitable conditions for their development;

To create conditions that promote school and educational success of all students.

Romania Basic principles regarding the education in Romania are established by the Constitution, Chapter II – Fundamental rights and liberties, Article 32 – Right to education.

According to this article:

The right to education is ensured through general compulsory education, high school (Liceu), vocational education and training, higher education, as well as through other forms of instruction and professional development;

Generally, education at all levels is provided in Romanian; education can be also provided in foreign languages used world-wide;

The right of the persons belonging to national minorities to learn their mother tongue and the right to be instructed in their mother tongue is guaranteed; the modalities to exercise these rights are established through law;

State education is free of charge. The State provides scholarships to children and youngsters from disadvantaged families or institutionalised;

Education of all levels is provided in public, private and confessional institutions

University autonomy is guaranteed;

The state guarantees the liberty of religious education, according to specific requirements of each religious cult.

The Law of the National Education (Law no. 1/2011) provides the legal framework for the exercise of the basic right to lifetime an education under the au-thority of the Romanian state. The law regulates the structure, the functions, the organization and functioning of the national state, private and confessional educational system. The law aims at promoting an education based on values, creativity, cognitive and will capacities and action-based capacities, fundamental knowledge and skills, knowledge and abilities of direct usage, in the profession and the society. The law aims at forming by means of education the mental infrastructure of the Romanian society, in accordance with the new requirements imposed by Romania’s EU membership and by the existence within the context of the globalization and sustainable generation of a highly-competitive national human resource, capable of functioning efficiently in the present and future society. The educational ideal of the Romanian school consists in the free, and harmonious of human individuality, in forming the autonomous personality and in assuming a system of values which are necessary to personal fulfilment and development, the development of the business spirit, the active participation of citizens in society, social integration and employment.

The state provides Romania citizens with equal rights of access to all levels and forms of pre-university and higher education, as well as lifetime education without any form of discrimination. The citizens of the other EU states and the states belonging to the European Economical space and Swiss confederation enjoy the same rights. The rights are equally acknowledged for all under-age population who request or have received a form of protection in Romania, foreign under-age and stateless children whose residence in Romania is officially acknowledged according to the law.




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Slovak Republic

Among the fundamental principles of educational policy in Slovakia the following principles rank:

democratisation – characterises citizens’ access to education laid down in the Constitution of the Slovak Republic and Education Act No. 245/2008 of the Law Code on education and training;

decentralization – transfers decision-making competences on establishment, dissolution and profiling the schools and school facilities to lower levels of public administration bodies (that means, the local and regional authorities);

humanism – expresses a teacher - pupil relationship manifested in respect for the pupil’s personality and based on mutual confidence;

alternativeness – expresses a possibility of the rise and development of alternative schools from the founder’s point of view, a possibility of experimental verification of alternative educational programmes;

autonomy – is manifested at two levels, that means, school’s autonomy and teacher’s autonomy. School’s autonomy is ensured by the status of legal entity of all secondary schools, which is guaranteed for them by the Act No. 29/1984 of the Law Code on the system of primary and secondary schools, as amended by subsequent provisions (Amendment of 1990). Since 2001, the status of legal entity is also related to all primary schools and according to the decision of founder (municipality) to kindergartens, too;

transferability – is applied in relation to the pupil and enables him/her vertical and horizontal transferability in both primary school and secondary schools while fulfilling certain requirements;

comparability – enables to compare our education system with education systems of the developed countries of the world. All legislative rules are subject to approximation with the aim to bring them nearer to the legislative rules of the European states, in particular;

flexibility – is expressed mainly in the curricula, with the aim to adjust to the continually changing requirements of the labour market. This fact is empha-sised in the application of the State educational programme into school educational programmes in which are reflected specificities of regional, local char-acter, needs of pupils, parents and school as such.

The basic principle of educational policy considered by the SR government is equality of opportunities for all young people regardless of their social situa-tion, region or ethnicity, and orientation at the needs of children, pupils and youth. It also enforces international dimensions at all levels in such a way so that the educational and research institutes may communicate and compete not only within the area of Slovakia but also internationally.

Slovenia The basic education principles in Slovenia are laid down by the Constitution of the Republic of Slovenia (1991), namely,

education is free,

basic school education is mandatory and is financed from public funds,

the government is required to provide citizens with opportunities to acquire adequate education,

state tertiary institutions are autonomous,

it ensures freedom of scientific and artistic creativity.

The uniform basic school was replaced by a less uniform mandatory education; nevertheless, there was no radical external differentiation. Qualification requirements for positions in education were lifted and teachers gained an opportunity to become more autonomous.

The legislation that followed the White Paper legislated education as a public good in the care of the state. Kindergartens and schools are institutions that provide education for all members of the society on the basis of common values. Educational objectives of schools are focused on educating the individual as an autonomous being and an enlightened citizen. School must provide all citizens on pre-vocational level with broad general education and culture on the basis of which specialist knowledge can later be built.

The basic principle of equal opportunities in relation to academic performance is defined as 'consideration for differences among children and their right to choice and diversity'. Widespread accessibility, quality and fairness are principles embedded in all acts relating to all areas of pre-school and school legisla-tion. The legislation provides the right to choice by introduction of private schools, introduction of electives in school programmes and streamed classes.




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Slovenia (cont.)

The White Paper based upper secondary education on student's rights to education in accordance with their abilities and choice (limited admission only exceptionally). Upper secondary education has developed in three directions: general which prepares students for further studies at university; technical which prepares students for a range of occupations and also for technical studies at university, and vocational which provides basic vocational qualifica-tions. There are different paths to tertiary education. Students have different options to acquire occupational qualifications and education (by taking exams, bridging courses).

Spain The legislative framework governing and guiding the Spanish Education System comprises the 1978 Spanish Constitution and a series of organic acts de-veloping it.

The Spanish Constitution establishes in article 27 the principles governing the Spanish Education System:

Everyone has the right to Education. Teaching freedom is recognised.

The purpose of Education will be the full development of human personality respecting the democratic principles of coexistence and the fundamental rights and freedoms.

Public Authorities guarantee parents' right to ensure that their children will receive a religious and moral education in line with their own beliefs.

Basic education is compulsory and free.

Public Authorities guarantee everyone's right to education, through the general organisation of education, with the anticipation of all the sectors involved, and the creation of educational institutions.

Individuals and legal entities are free to create educational institutions, subject to observance of the constitutional principles.

Teachers, parents and, sometimes, students will take part in the control and management of all the publicly-funded educational institutions, as established by law.

Public Authorities will inspect and recognise the Education System in order to ensure that legislation is observed.

Public Authorities will support the educational institutions meeting the requirements established by law.

Universities autonomy is recognised, as established by law.

Sweden One fundamental principle of the Swedish education system is that all children and youth must have access to equivalent education, regardless of gender, place of residence and social and financial background. The curricula and timetables are valid nation-wide. State regulations for the education system – including pre-school (förskoleverksamhet), school-age childcare (skolbarnsomsorg) and the pre-school class (förskoleklassen) – are set out in the Educa-tion Act, the Higher Education Act and in a number of ordinances.

United Kingdom ‒ England

The Human Rights Act 1998 gives citizens a clear legal statement of their basic rights and fundamental freedoms. With regard to education, the Act gives everyone the right to an effective education. Parents also have the right to ensure that their religious and philosophical beliefs are respected in their chil-dren's education. Although not specific to education, there are certain additional fundamental legal principles to which all education providers must have regard. They cover equality, freedom of information and data protection.

All public bodies are bound by the Equality Act 2010. The Act, which harmonises and extends previous equality legislation, seeks to protect the rights of individuals and advance equality of opportunity for all. Under the Act, the following are ‘protected characteristics’, or the categories to which the law applies: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The Equality Act applies to education authorities both in their role as education providers and in their role as employers.

The Data Protection Act 1998 controls how an individual's personal information is used by organisations, businesses or government. The Freedom of In-formation Act 2000 gives individuals the right to access recorded information held by public sector organisations. The Information Commissioner's Office provides advice for education providers on how to comply with the Data Protection and Freedom of Information Acts.




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United Kingdom ‒

England

(cont.)

No further fundamental principles apply to the entire education system. Details of the principles and legislation underlying the different phases of education are covered in the article on the ‘Organisation of the Education System and its Structure’.

No national policy covers education across all phases/sectors. The Government’s GOV.UK website provides a 'Policies database' that draws together poli-cies from across government departments. For education-related policies, select either of the two following Departments from the list: Department for Busi-ness, Innovation and Skills and Department for Education.

United

Kingdom ‒

Northern Ireland

The Human Rights Act 1998 gives citizens a clear legal statement of their basic rights and fundamental freedoms. With regard to education, the Act gives everyone the right to an effective education. Parents also have the right to ensure that their religious and philosophical beliefs are respected in their chil-dren's education.

Although not specific to education, there are certain fundamental principles to which all education providers must have regard. They cover equality, freedom of information and data protection.

All public bodies are bound by equality legislation which prohibit discrimination on the bases of age, disability; sex; gender reassignment; race; religious belief; political opinion; sexual orientation. Details of this legislation are available from the Equality Commission for Northern Ireland website.



The Programme for Government 2011-15 sets out the Northern Ireland Executive’s priorities and commitments. Details of the Department of Education corporate goals which reflect and are informed by this programme and the Department for Employment and Learning commitments are provided in the ‘In-troduction’ to the ‘Ongoing Reforms and Policy Developments’ chapter.

United

Kingdom ‒

Scotland

Most of the key principles and values on which education in Scotland is built are long established. Educational principles are not laid down by law. Instead, they are partly a reflection of Government educational policy, which aims to promote a "smarter Scotland", and partly a consensus view as set out in the many reports and advisory documents produced by the system. These are the basis of educational practice. The legislation that exists is mainly concerned with the administration and organisation of the system.

The Scottish Government's National Performance Framework is central to education policy, in particular the Strategic Objective "Smarter Scotland" and its associated Educational Indicators and Targets. These represent practical outcomes of the implementation of the country's educational principles.

The provision of free, compulsory education for all between ages of 5-16 is fundamental. The provision of free (though not compulsory) education has now been extended to children aged 3-5 (age 2 for children who are looked after or under a kinship care order). Another key principle is the broadly based cur-riculum, which was originally designed to ensure that young people could make progress in a range of occupations. It now prepares them for lifelong learn-ing and, with certification, for the several changes of job that they may well have to face in an era of rapid socio-economic development.

Education also has to fit individual needs, be tailored to "age, ability and aptitude" (Education (Scotland) Act 1980) and aim to develop the "personality, talents and mental and physical abilities of children and young persons to their fullest potential" (Standards in Scotland’s Schools etc Act 2000). Examples of the extension of this principle of appropriateness include concern to ensure that classroom work properly challenges and supports all pupils and in-creased attention to young people with additional support needs, whether in mainstream schooling or special units (Education (Additional Support for Learn-ing) (Scotland) Acts 2004 and 2009).




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United

Kingdom ‒

Scotland

(cont.)

A further principle is that there should be opportunities to continue voluntarily at school or to proceed to further or higher education, with financial assistance if necessary. Over the last 50 years this opportunity has been considerably extended by increasing the number of places available in further and higher education. There has also been expansion in informal (non-school based) education, with, for example, more community-based educational activities for both adults and young people.

The Scottish education system ‒ including pre-school and school education and lifelong learning in higher or further education or through community learn-

ing and development ‒ is expected to promote individual autonomy and to equip people to fulfil the variety of roles which participation in a changing society

demands. These roles include becoming responsible for one’s own learning, contributing to the health, well-being, wealth, growth and cultural enrichment of society, maintaining its values and participating fully in the democratic process.

United

Kingdom ‒

Wales

The Human Rights Act 1998 gives citizens a clear legal statement of their basic rights and fundamental freedoms. With regard to education, the Act gives everyone the right to an effective education. Parents also have the right to ensure that their religious and philosophical beliefs are respected in their chil-dren's education.

Although not specific to education, there are certain additional fundamental principles to which all education providers must have regard. They cover equali-ty, freedom of information and data protection.

All public bodies are bound by the Equality Act 2010. The Act, which harmonises and extends previous equality legislation, seeks to protect the rights of individuals and advance equality of opportunity for all. Under the Act, the following are ‘protected characteristics’, i.e. the categories to which the law ap-plies: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The Equality Act applies to education authorities both in their role as education providers and in their role as employers.



Education is one of the strands of the Programme for Government in Wales. The plan sets out the priorities of the current administration (2011 to 2015). As regards education, it aims to:

improve early years’ experiences

improve school attainment

develop Welsh-medium education

improve further and higher education.

Macedonia The basic principles of the Macedonian education system are provided in the Constitution of the Republic of Macedonia. Article 44 of the Constitution stipu-

lates that:

all individuals are entitled to education;

education is accessible to all under equal terms;

primary education is compulsory and free.




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Macedonia (cont.)

The goal of education in the Republic of Macedonia, enshrined in the National Programme for the Development of Education 2005-2015, is to provide op-portunities to all and to all age groups for completing an appropriate educational level and acquiring competences in line with the demands of society and the labour market.

The education system of the Republic of Macedonia is defined with a number of laws and by laws:

pre-school education is regulated with the Law on Child Protection

primary education is regulated with: the Law on Primary Education, Law on the Bureau for Development of Education, Law on the Adult Education, Law on Education Inspection, Law on Primary and Secondary Education Textbooks and Law on the State Examination Centre,

secondary education is regulated with: the Law on Secondary Education, Law on Changes and Amendments to the Law on Secondary Education, Law on Vocational Education and Training, Law on the Adult Education, Law on Local Self-government, Law on the Bureau for Development of Education, Law on Pupils Standard and Law on Education Inspection;

higher education is regulated with: the Law on Higher Education, Law on Science and Research, Law on Student Standard and Law on Education Inspec-tion;

adult education is regulated with: the Law on Adult Education and Law on Open Citizen’s Universities.

A number of bylaws (rulebooks, regulations, templates, etc.) regulate the programme and the procedural, staffing, technological, organisational, financial and other aspects of the education tiers.

Montenegro Montenegrin fundamental principles mainly relate to further harmonization of national legislation with the EU acquis, international conventions and UN rec-ommendations as well as to strengthen commitment and readiness (also capacities) to implement regulations and undertaken responsibilities fully and effi-ciently. In order to achieve them we are committed to the following:

Improve governance system (to enable stronger involvement of stakeholders in decision making and building of partnerships);

Develop and implement educational and awareness raising programmes in order to recognize and adopt values, principles and standards of sustainable development;

Build institutions and capacities at all levels; improve coordination;

Ensure provision of adequate financial support from the national and local budgets for implementation of sustainability policies and strategies;

Integrate climate change into sectoral policies; develop climate change adaptation strategies;

Provide for continuous development of scientific, academic, business and administrative capacities in order to promote and stimulate innovation;

Establish statistical system that will generate adequate basis for adoption of policies for sustainable development and their evaluation.

Serbia In accordance with the Article 71 of the Constitution of the Republic of Serbia everyone shall have the right to education. Primary education is mandatory and free, secondary education is free and all citizens shall have access under equal conditions to higher education. Preparatory preschool programme is mandatory and also free of charge.

In accordance with the general principles of the education system in Serbia, set in the Law on the Education System Foundations, the education system must provide equal rights and access to education to all children, students and adults, without discrimination and separation of any kind. General principles also include provision of good quality and balanced education, education in a democratic and socially responsible institution, child and student centered education, equal opportunities for education at all levels and types of education in line with children, students and adults’ needs as well as training for work harmonised with the contemporary requirements of their future profession.

The education system shall also provide efficient cooperation with students’ families, cooperation with employment institutions, local community and wider social environment, as well as efficient, economic and flexible organisation of the system and openness to pedagogical and organisational innovations.




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Serbia (cont.)

Among the objectives set in the Law on the Education System Foundations are full intellectual, emotional, social, moral and physical development of each child, student and adult, in line with their age, development needs and interests, as well as:

acquisition of good quality knowledge, skills and attitudes;

development of creative skills;

development of skills to find, analyse, apply and communicate information together with efficient use of ICT;

training in problem solution, application of knowledge and skills in further education, professional work and everyday life for the purposes of improving personal life as well as economic, social and democratic development of the society;

development of a motivation to study, independent learning and lifelong learning and participation in international educational and professional processes;

development of self-awareness, self-initiative, self-evaluation and expression of opinion;

development of capacity for making decision about further education and profession, as well as about personal development and future life;

development of key competencies in line with requirements of the profession, labour market needs, contemporary science, economy, technique and tech-nology;

development and implementation of healthy life styles and awareness of importance of health and safety;

awareness of significance of a sustainable development, protection and preservation of nature and environment, ecological ethics and animal protection;

development of communication skills, dialogue, sense of solidarity and efficient cooperation with others, team work and friendship;

development of capacity for the role of a responsible citizen, for a life in a democratic and human society based on respect for human and civil rights;

development of attitudes, beliefs and value system, personal and national identity, development of awareness and sense of belonging to the Republic of Serbia; respecting and fostering Serbian language and their own language, tradition and culture of Serbian people, national minorities and ethnic communi-ties and other nations, development of multiculturalism, respecting and preservation of the national and world heritage;

development of racial, national, cultural, linguistic, religious, gender, sexual and age equality, tolerance and appreciation of diversity;

raising the educational level of the population and development of the Republic of Serbia as a knowledge based state.

Norway The overall objective of Norwegian educational policy is to provide equal opportunities for all, irrespective of gender, geographic location or economic, so-

cial or cultural background. The aim is to offer all children an education that is adapted to the abilities of the individual pupil.

The basic principles and priorities of Norwegian education are the following:

A high general level of education in the entire population.

Equal opportunities in the access to education including pre-primary.

Decentralisation. Local adaptation and development.

Meeting both the long-term and short-term qualification requirements of the labour market, of the society, and of the individual.

More emphasis on a broad and general initial education, leaving specialisation to later stages and further training at work.

Opportunities for life-long learning through a broad specter of further training and other study possibilities.

Strengthening the higher education sector/improving higher education, recently through the Quality Reform. - Strengthening the primary and secondary education and training through the Knowledge Promotion Reform

- The Core Curriculum (1993) provides an ideological basis for national curriculum development within primary, secondary and adult education, as well as for local development in schools and municipalities.

- Knowledge Promotion (2006), the national curriculum for primary and secondary education.




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Switzerland With the new articles on education in the Federal Constitution (Articles 61a ff.) adopted by the Swiss people and cantons (states) on 21 May 2006, the en-tire education sector is obliged to ensure federal cooperation between the cantons themselves and between the cantons and the Confederation. Within the scope of their powers the Confederation and the cantons are required to jointly ensure the high quality and accessibility of the Swiss Education Area.

In the compulsory education sector (pre-school, primary and lower secondary level) the cantons are required to harmonise their systems of school educa-tion. The harmonisation of school education (school entry age, compulsory school attendance, duration and objectives of the different levels of education, and transition from one level to another) is to be achieved by means of coordination. To implement this constitutional obligation (Article 62 of the Federal Constitution) the cantons have adopted the Intercantonal Agreement on Harmonisation of Compulsory Education (HarmoS Agreement).

Under the new article on higher education (Article 63a of the Federal Constitution), the Confederation and the cantons are jointly responsible for coordinat-ing and guaranteeing quality in Swiss higher education. A Federal Act on Funding and Coordination of the Higher Education Sector (HFKG), an Intercan-tonal Agreement (Higher Education Agreement) and a cooperation agreement between the Confederation and the cantons are required to implement this constitutional obligation.

In the field of continuing education and training (CET) the Confederation has, with the new articles on education in the Federal Constitution, been mandated to specify principles governing CET (Article 64a). The aim is to achieve a national continuing education and training act that strengthens personal responsi-bility for life-long learning, improves equal access to CET and ensures consistency in federal legislation.

Source: The Education, Audiovisual and Culture Executive Agency (EACEA) - Eurydice unit: Description of national education systems; https://webgate.ec.europa.eu/fpfis/mwikis/eurydice/index.php/Countries, accessed 16 October 2015.



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