The New Romanian Legal Framework for Minorities’ Education
Performance and Innovation in Education International Symposium, October 2011
9 Pages Posted: 7 Feb 2012
Date Written: 2011
Much debate has been generated by the new legal framework for minorities’ education in Romania, enshrined in the National Education Law No. 1/2011. And rarely such debates were made passionless, untainted by subjectivism. This paper is analyzing the new legal framework taking into consideration merely judicial principles, positioning the debate in the sphere of human rights, such as the right to education, the right to preserving and developing identity and the right to freely develop human personality.
We will analyze the articles directly concerning minorities’ education as regulated by the National Education Law, with a view to the extent in which they comply with the Romanian Constitution, the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Language.
We aim to determine if the newly established legal provisions, such as the obligation of minority representation in the school boards, exemptions from general conditions in the matter of schools obtaining juridical personality or norms regarding the study of Romanian language on basis of different curriculum and specific handbooks for the pupils of different mother tongues, comply or not with all the principiis juris Romania committed to respect.
Keywords: minorities' education, the right to education, the right to identity, education reform, human rights
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