Research, Learning, Teahing and Student Support The Question of Education Related to Disadvantaged Groups of People in the International Legislation and Georgia Tamar Jojua, Omar Ardashelia  International Scienceconference INCLUSIVE EDUCATION Research, Learning, Teahing and Student Support 21 November, 2017

The modern international legislation broadly guarantees the protection of the right to education of disadvantaged groups of people, ethnic and religious minorities. Legal documents are presented through acts, recommendations, conve­ntions and framework conventions as well. The aim of our report is to study to what extent the articles referring to education of disadvantaged groups of people under the acts of international law are reflected in Georgian legislation.

ასახავს კი საქართველოს კანონმდებლობა საერთაშორისო კანონმდებლობაში არსებულ მონაცემებს განათლების შესახებ? Does Georgian legislation depict the data existing in international legislation?

The research method: Table method, that consists of the comparative analysis of the selected legal acts, framework conventions, existing international and Georgian documents on education within the conducted research. კვლევის მეთოდი: სამაგიდე კვლევა, რომელიც გულისხმობს კვლევის ფარგლებში შერჩეული სამართლებრივი აქტების, ჩარჩო კონვენციებისა და განათლების შესახებ არსებული საერთაშორისო და ქართული დოკუმენტების შედარებით ანალიზს.

მოწყვლადი ჯგუფების შესახებ ძირითადი საერთაშორისო დოკუმენტებია: „ეროვნულ უმცირესობათა დაცვის შესახებ“ ჩარჩო კონვენცია, რომელიც მიღებულია 1995 წელს და საქართველოს პარლამენტის მიერ რატიფიცირებულია 2005 წელს; იუნესკოს 2005 წლი კონვენცია „კულტურული თვითგამოხატვის მრავალფეროვნების დაცვა და ხელშეწყობა“; ეროვნულ უმცირესობათა სამართლებრივ უფლებებს განათლების კუთხით ითვალისწინებს „ადამიანის უფლებათა და ძირითად თავისუფლებათა დაცვის კონვენცია“ , მიღებული იქნა 1950 წელს;

The key international documents on the disadvantaged groups of people are: The Framework Convention for the Protection of National Minorities, sig­ned in 1995 and ratified by the Parliament of Georgia in 2005; 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions; Convention for the Protection of Human Rights and Fundamental Freedoms , adopted in 1950, guarantees the observance of the legal rights of the national minorities with regard to education;

1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of OSCE; 1992 UN Declaration on Minorities; 1994 EU Framework Convention for the Protection of National Minorities; 1998 Oslo Recommendations regarding the Linguistic Rights of National Minorities; 1999 Lund Recommendations on the Effective Participation of National Minorities in Public Life.

In the process of research it was revealed that the Parliament of Georgia ratified some of the above-mentioned legislative documents, the rest of them naturally spread in UN, EU, OSCE member states and accordingly, it also includes Ge­orgia; For example, EU Framework Convention for the Protection of National Minorities, signed in 1994, proclaims that “The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in education, cultural, social and economic life and in public affairs, in particular those affecting them.”

The Document of the Copenhagen Meeting of the Conference on the Human Di­mension of OSCE of 1990 is implemented in Georgia as well. According to this document OSCE member States respect the right to education of national minorities and disadvantaged groups of people, including such issues as the protection and facilitation of the identity of these minorities.

The preamble of UN Declaration on Minorities, adopted in 1992, highlights the necessity for offering full opportunities for the equal enjoyment of the human rights of persons belonging to minorities, entailing their effective participation decision making process, especially with regard to those decisions which refer to education.

Apart from all this international legislation the Parliament of Georgia adopted the following legal acts at the national level: In 2009 the government of Georgia issued The National Concept for Tolerance and Civil Integration that facilitates the civil society development; In 2004 the Parliament of Georgia ratified Law of Georgia on the Elimination of all Forms of Discrimination.

The Law is intended to ensure equal rights to all persons under the legislation of Georgia, although these rights irrespective of religion and national origin are guaranteed to the Georgian citizens by other Laws too, first of all by the Constitution.

Article 14 in the Constitution of Georgia recognizes fundamental principles of freedom and equality of a person; Article 38 protects the rights of citizens of Georgia in education, social, economic, cultural and political life irrespective of their national, ethnic, religious or linguistic belonging. They have the right to develop freely, without any discrimination and interference, their culture, participate in the political and economic life of the country.

Except for the Constitution of Georgia and aforementioned legislation, the issues related to education of disadvantaged groups of people, are clearly underlined in such regulations as; Law of Georgia on Higher Education, Law of Georgia on General Education, Law of Georgia on Vocational Education, Labor Code of Georgia, Law of Georgia on Culture, Law of Georgia on Broadcasting, Law of Georgia on Freedom of Speech and Expression, etc.

One part of the existed international legal acts related to the issue of education of disadvantaged groups of people has already been ratified by the Parliament of Georgia, another part has been depicted in various legislative acts of Georgia.

Thus, in Georgia, on the basis of broadly recognized international law and adopted acts at the national level rights and freedoms of national minorities are ensured. Notwithstanding the existing legislation, there are serious problems in education related to disadvantaged groups of people: financing vulnerable people’s education, for national minorities-receiving education in official language, the problem connected to the acquisition of official and foreign languages, in particular English and so on.  

The findings of the research: The used research Table method and interviews with the students, as the representatives of the disadvantaged groups of people participating in DARE Project at SSU, have highlighted the following problems: 1. them students as well, does not know that Georgian legislati. In various laws of Georgia the rights to and freedoms of education of the disadvantaged groups of people are included, though the mechanisms for their realization are incompletely depicted or are not at all. 2. A large number of representatives of the disadvantaged groups of people, among on provides such legal support for them.

The findings of the research: 3 The findings of the research: 3. Knowledge of the State language among the students from the target groups is poor or they do not know it at all. 4. In vulnerable social groups the acquisition of international languages (in particular, English, though regrettably, they know neither French nor Russian and nor German).

The findings of the research: 5 The findings of the research: 5. In the Legislation of Georgia rights of women after marriage are not clearly outlined. It is well-known that the majority of the representatives of ethnic minorities in our country marry early and then their families demand that they should not continue their studies. There are some cases when University girl- students marry and their new families don’t allow them to go the University. Regrettably, the law does not regulate this issue. We think, that this problem should be solved.

The findings of the research: 6 The findings of the research: 6. Specific forms of supporting disadvantaged students and pupils are not outlined by the law. There are certain initiatives offered by some universities ( Ilya State University, Sokhumi State University, Tbilisi State University and so on). We believe, that it should be reflected in the law. Our recommendations will be sent to Education, Science and Culture Committee of the Parliament of Georgia!

Many thanks!