Invocation of the educational ombudsman as a legal instrument for the protection of non-proprietary personal rights

Authors

DOI:

https://doi.org/10.61345/1339-7915.2024.2.19

Keywords:

Educational ombudsman, students’ rights, non-jurisdictional protection of rights, legal mechanisms in education, judicial disputes in education

Abstract

This scholarly paper investigates the application of self-defense as a legal mechanism designed specifically to safeguard the civil rights of participants within educational settings, with a special focus on minors. The study meticulously outlines the operationalization of self-defense, delving into its procedural subtleties and the varied contexts in which it can be applied within educational environments. This exploration helps elucidate the nuanced ways through which individuals can assert their rights in educational contexts, highlighting both the potential and the limitations of self-defense as a protective legal measure.

Expanding the scope of the analysis, the paper also examines the role of educational ombudsmen in navigating judicial disputes. It offers a comprehensive review of the functional impacts and procedural roles these ombudsmen play within the legal frameworks governing educational institutions. This segment of the study assesses how educational ombudsmen contribute to the resolution of conflicts and the enforcement of legal standards, thereby enhancing the protection of students’ rights.

Incorporating a robust comparative analysis, the research extends into the international arena, exploring the praxis of educational ombudsmen across different jurisdictions.

It assesses the legislative outcomes of their involvement in judicial proceedings and scrutinizes how these vary across diverse legal systems. This comparative approach not only underscores effective strategies but also identifies best practices that could be emulated to bolster the legal protection of educational rights through judicial processes.

By synthesizing theoretical frameworks with empirical research, this paper contributes significantly to the scholarly discourse on educational law and civil rights protection. It critically examines the intersection of education, law, and civil rights, proposing necessary refinements to existing legal mechanisms and suggesting new areas for in-depth research. These recommendations aim to enhance the effectiveness of educational ombudsmen and to ensure more robust legal protections for all participants within the educational sector.

References

Tsal-Tsalko, Y.Y. Some Issues Regarding the Ombudsman Institution in Civil Procedure. Customs Affairs. 2014. No. 2 (92). Part 2. Book 2. pp. 166–170.

Declaration of the Rights of the Child: adopted by United Nations General Assembly Resolution 1386 (XIV) dated November 20, 1959. URL: https://zakon.rada.gov.ua/laws/show/995_384 (accessed on: May 20, 2020).

On Education: Law of Ukraine of September 5, 2017, No. 2145-VIII. Official Gazette of the Verkhovna Rada of Ukraine. 2017. Nos. 38–39. Article 380 (as amended).

Todyka Yu.N., Martseliak O.V. The Ombudsman Institute: Global Models and Experience. Bulletin of the Academy of Legal Sciences of Ukraine. 2008. No. 2(13). Pp. 57–66.

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Published

2024-07-15