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VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

6.3. RIGHT TO EDUCATION

Establishment and securing the right to education in any country is one of the most important obligations of the state. This is determined by the fact that education in the currently globalized and informational world becomes the determinative of social progress and national security, an important component of comprehensive development of the personality, increase of respect to the rights and liberties of people. Now, it is quite obvious that a human being can neither ensure proper living conditions without proper education nor realize himself as a personality or become aware of his rights or protect them. High education level of population is an important factor positively effecting creation of favorable conditions for comprehensive realization of human rights and freedoms and civil rights.

Taking into account these factors, the Commissioner carried out a monitoring of the state of observance and protection of human rights and freedoms in educational sphere by governmental bodies, local authorities, as well as analyzed numerous appeals of private persons regarding violation of their rights in this sphere. The Commissioner takes into account the fact that each fifth person in Ukraine is concerned with educational sphere (in 1999, over 10 million persons were engaged in this sphere, including 9.2 million persons who studied, that is persons who actually realized their right to education, improved their professional skills).

The Commissioner states that, in Ukraine, education is legislatively fixed as a priority sphere of socio-economic, spiritual and cultural development of the society, the aim of education lies in comprehensive development of a human being as a personality and the highest social value. Ukraine has a developed and comprehensive education system that, according to main indicators, was and remains at the level of world standards. At the same time, numerous unsolved issued accumulated in recent years having negative impact on realization of the right to education by citizens.

The Commissioner notes that a lot is done in Ukraine for further development of normative and legal basis regulating relations in educational sphere. The Constitution and laws of Ukraine, international agreements that became part of the national legislation guarantee that citizens exercise the right to education.

The Universal Declaration of Human Rights (Article 26) proclaims each person’s right to education and the International Pact on Economic, Social and Cultural Rights stipulates the procedures of this right realization (Article 13). There is a proviso in the 1950 Protocol to the Convention on Fundamental Human Rights and Freedoms Protection stipulating that no person can be deprived of the right to education, and that state should respect the right of parents to provide education and training of their children in accordance with their religious and philosophical beliefs. These provisions are reflected in the Convention on Elimination of Discrimination in Educational Sphere (for Ukraine it became effective in 1963), and developed and secured in the 1989 Convention on the Rights of the Child.

Rules of the Ukrainian Constitution comply with international standards in educational sphere. In particular, the Constitution guarantees each person the right to education, providing allowance and education to orphans and children deprived of parental care, meeting nationality and cultural and language needs, free development of personality, the right to freedom of faith, the right to obtain special knowledge that provides opportunity to chose profession and trade.

Ukraine adopted a set of laws facilitating the right of citizens to education. First of all, it is the Law On Education adopted in 1991, the laws of Ukraine On Comprehensive Secondary Education (1999), On Vocational Training (1998). The draft laws On Pre-School Education and Upbringing, On Out-of-School Education and On Higher Education are developed and submitted to the Parliament of Ukraine.

In the Commissioner’s opinion, there is necessary legislation basis in Ukraine providing opportunity to state in predominant securing the right of citizens to education at the world standards level. At the same time delay in adoption of the developed draft laws neither stimulates education reforming, nor makes it qualitatively higher, and due to it issues requiring legislative regulation are being accumulated. In particular, it concerns the realization of the right to pre-school education and upbringing, out-of-school and higher education. The right to accessibility and free pre-school, comprehensive secondary, vocational and higher education requires precise regulation as insufficient financing of the state and municipal educational institutions is observed and proportion of these institutions to non-governmental and private ones, as well as quality of educational services being provided by them need special attention.

Accessibility to and free education make it necessary to determine rules of its securing, to create effective system of educational insurance and crediting, etc. Without settlement of these and other issues on legislative level one cannot expect the right to education is fully secured.

It is not occasional that only in 1998, based on citizens’ appeals, the Commissioner instituted 15 proceedings regarding infringement of human rights and freedoms by education bodies, in 1999 – 26 such proceedings. The number of teachers appealing to the court for protection of their rights is being increased.

The Commissioner considers it is necessary to attract attention to the fact that tendency of commercialization of education is becoming widely spread in conditions of restricted financing of education and providing educational institutions with the right of partial settlement of financial and economic problems. Many premises of pre-school institutions and comprehensive schools are leased to business entities and this worsens education conditions for students, and in separate cases it leads to creation of dangerous conditions to health and lives of children as it happened in one of Kyiv schools. It is permitted to educate students at the public higher educational institutions at the expense of individual persons and legal entities, that is, at the expense of personal resources or sponsors. In 1999 in public higher educational institutions of the I-II level of accreditation 31.2% of students (145,341 of 465,902) studied at the expense of individual persons and legal entities, the remainder – 68.8% – at the expense of state, local budgets and budgets of ministries, agencies, and organizations. That is, almost each third student in 1999 acquired higher education at his own expense. Currently, more students study at higher educational institutions of the III-IV level of accreditation at their own expense – 38.4% (454,792 of 1,183,926)

Usually, the state has to regulate education of specialists by higher educational institutions in accordance with social needs. However, many talented young people from low-income families are restricted in their right to get higher education. In the Commissioner’s opinion, this issue should be regulated first of all at the legislation level. It should be noted that positive role in settling the issue of payment for educational services will be played by Presidential Edict On High-Priority Measures to Implement the State Policy and Assistance of Youth Public Organizations of October 6, 1999. The Edict stipulates introduction a procedure of giving young persons long easy-terms state credits to get education at higher educational institutions beginning from January 1, 2000 and that will promote young talented persons to get higher education and the society will have qualified specialists. Creation and development of material basis of education, appropriate social security of education sphere workers and stimulation of talented youth to work in this sphere requires legislative regulation

The existence and functioning of the educational institutions in Ukraine is a testimony of the realization of the right to education. In 1999 in Ukraine there were 17,155 pre-school educational institutions with 1,054,907 students of pre-school age, 21,965 state and 211 private secondary educational institutions with 6,743,000 students. As of the end of 1999, in Ukraine there were 658 higher educational institutions of I-II levels of accreditation, inclusive of 69 non-state ones with 503,695 students and 313 educational institutions of III-VI levels of accreditation with 1,285 3,565 students. Additionally, in 977 vocational colleges 526,600 students were obtaining professional education, more than 350,000 (67%) of them were simultaneously getting their secondary education.

Still, the indicated data do not fully reflect the true situation in Ukrainian citizens’ realization of the right to accessible and quality education at the educational institutions of all levels. The Commissioner is concerned that 12,2 000 children of pre-school age were not involved in the educational process in 1998-99 academic year, a sharp reduction of pre-school educational and upbringing institutions was not stopped. In 1999 such establishments decreased in number by 406 as compared to 1998, whereas the demand for such institutions did not diminish. It is unfortunate that instead of schooling, 31,3 000 children were taken to the police establishments for tramping (in 1998 there were 28,800 similar cases).

The Commissioner states that in 1998-99 academic year 41,3 000 students of pre-school educational institutions did not enjoy the right to education and were left for the second year in the same class as failing at knowledge mastering, stipulated by the educational program. The third of the second-year-students (14,6 000) were the younger students. Above all, this is an evidence of the violation of the rights of the school child, and the problem of the second year is detrimental in general, as it hurts the child morally and psychologically, undermines his health. At the same time this proves that the participants of the educational and upbringing process do not carry out a set of norms of the Law On General Secondary Education, and also norms of the United Nations Convention on the Rights of the Child.

The Commissioner asserts that the acting educational structure in Ukraine (Article 29 of the Law On Education) basically allows to ensure rationally and effectively the citizens’ right to education, which includes: pre-school, secondary, extra-school, vocational, higher, post – diploma, post-graduate, doctorate, self - education.

Pre – school education and upbringing play an active role in a personality growth and creation of proper conditions for obtaining education by children. The major tasks of the state are upholding the child’s rights to free pre-school education, creation of the necessary conditions of functioning and development of pre-school educational and upbringing institutions.

The state policy in pre-school education and upbringing is set in accordance with the Ukrainian Constitution and conducted by the central and local executive bodies and the bodies of the local governments.

However, The Commissioner has to admit that the state does not fully guarantee the child’s right to pre-school education and does not provide necessary help in upbringing to parents, does not facilitate children’s pre-school attendance and obtaining a certain level of upbringing and pre-school education, which is testified by the reduction of the pre-school institutions and students number decrease in these establishments.

In 1998 38% of children of the corresponding age were involved in the pre-school studying, and 39% in 1999. While, during these years, 49% and 51% respectively were involved in these institutions in cities, in villages the rate was 20% and 19%.

For example, until recently there was a wide range of pre-school institutions in Ukraine. However, since 1990 till 1999 the number of pre-school educational establishments reduced from 24,500 to 17,200, i.e. by 7,300. During this time the number of seats in these institutions reduced from 2 million 277,000 to 1 million 216,000, that is by 1,261,000.

In public appeals to the Commissioner it is indicated that a temporary halt in functioning of pre-school institutions has become a widespread phenomenon. In 1998 the number of temporary halted or closed institutions was 2,000, and in 1999 it reached 2,600. Especially high rate of temporary closed pre-school institutions appeared to be in the Autonomous Republic of Crimea, Transcarpathia, Mykolaiv and several other oblasts.

Upon the results of the complex study of the question on human rights in Chernihiv region, performed by the Commissioner, it was disclosed that during the last years 240 pre-school institutions were closed, mainly without due conclusion of the educational body and corresponding decisions of the local government. In particular, liquidated were the kindergartens in the town of Ladan, villages of Boroshna, Serhyivka, Sukhopalova of Pryluky raion, Silchikove, Korinetske, Bolotnitsa, Ukrainske, Chernetske of the Talalaevka raion. In the application of the Commissioner to the head of the Chernihiv oblast state administration, attention of the state figures of this oblast was drawn to the fact that it was inadmissible to violate the rights of little citizens to pre-school education, and a proposition was made to develop necessary steps to overcome the drawbacks revealed.

The Commissioner trusts that it is necessary to speed up the adoption of the Law On Pre-school Education, which will promote the preservation and development of the pre-school system in Ukraine, protect the existing pre-school institutions by law, facilitate formation of the lawful basis of the educational system, ensure its obligatory nature for the children of the older pre-school age.

The Commissioner thinks it is necessary to pay special attention to securing the right to education of children who require special assistance and rehabilitation. In Ukraine, the system of institutions for such children comprises 688 boarding schools of various specializations where 144,000 children are accommodated, including 21,600 children left without parental care. New types of boarding institutions are being introduced, namely: 22 lyceum-type boarding schools, 12 gymnasium-type boarding schools are functioning, separate classes are organized for children suffering from late development at comprehensive schools, educational and rehabilitation complexes. In most oblasts are established and functioning on regular basis psychological-medical-educational consulting centers.

In 1999, 401 institutions for children with mental or physical deficiencies functioned in Ukraine hosting 68,000 students. Unfortunately, there are not enough institutions to host all needy children. More than 10,000 school-age children suffering from cerebral paralysis have no opportunity to visit special institutions for complex treatment and rehabilitation due to absence of transportation means, only 15% of children with impairment of hearing are provided with hearing devices, blind children have no special exercise books and other means of education. Only about 30% of children with impairment of intelligence, hearing, disturbance of vision are supplied with special newly issued textbooks. Blind children found themselves in especially difficult situation as about 40% of Braille textbooks were under-published for them.

Special attention should be paid to children living in especially hard social conditions (orphans, children left without parental care). In Ukraine a net of children’s shelters is established where they are brought up, taught and undergo a complex of correction and rehabilitation, treatment and health improvement measures. Early in 1999, 57 such shelters functioned where 4,500 students stayed, including 48 in cities (3,900 students), 9 in countryside (604 students). 22 of them are special children’s shelters, 34 – general development institutions, 1 – a sanatorium (145 children). However, this is not enough.

The state encourages legal and social protection of children, creation of appropriate conditions for their comprehensive development. In Ukraine, experience of establishment of various types of education of orphans and children left without parental care in a family is disseminated. There are 77 family-type children’s shelters where 676 orphans live, 500 children in the age of 3 to 7 are maintained at pre-school departments of boarding schools for orphans and children’s shelters of mixed type, over 800 students of school age live in 17 children’s shelters in order to keep family relations between brothers and sisters.

Comprehensive secondary education plays essential role in the process of human development, it is an important part of the system of continuous education. The Commissioner notes that in order to introduce stipulated by the Constitution obligatory free secondary comprehensive education there are certain measures being taken in the country to ensure its appropriate quality. In particular, unconditional implementation of the Law On Secondary Education is to be fulfilled, state standards of comprehensive secondary education, tests system and check-ups of comprehensive education level of students will be introduced.

The data of the State Statistics Committee of Ukraine prove that in recent years the number of daytime secondary educational institutions increased by 655, and the number of students who study in these institutions decreased by 196,000. Decrease in number of students took place due to unfavorable demographic processes. The necessity of increase of the number of educational institutions is conditioned by the fact that till now they have not solved the issue of conducting classes in one shift and vacating premises for out-of-class activities and additional lessons with students having weak knowledge of educational program. This all indicates to insufficient protection of the right to education in Ukraine.

The Commissioner is concerned with numerous cases of ungrounded decrease of secondary educational institutions. For instance, in Luhansk, the Yuvileina Sanatorium School for Children Suffering from Scoliosis was closed up. This was a rude violation of the rights of sick children to education. Construction of the named institution was carried out under special project taking into account that children suffering from scoliosis will stay during lessons in special beds instead of sitting at desks. It was scheduled that children would have a rest in daytime that is obligatory for children with such disease in a sleeping pavilion, as well as classes in a swimming pool.

However, on the initiative of the Luhansk Institute of Internal Affairs of the Ministry of Internal Affairs and with the assistance of local authorities in violation of Article 14 of the Law On Education this boarding school was closed up and, based on it, a private law lyceum was established – for healthy children. In addition, the closure was carried out in defiance of direction of the President of Ukraine prohibiting ungrounded closure or profile changing of children’s boarding institutions. At the time of closure of the boarding school, there were above 4,500 children suffering from scoliosis in the oblast, including 30% of them living in Luhansk. After the boarding school was closed up, the number of hospitalization of children suffering from scoliosis increased twofold in the regional center, and sickness rate of scoliosis in Luhansk is half as much compared with the average indicator in the oblast.

In her speech during the out-of-town session of the Cabinet of Ministers of Ukraine, Commissioner noted that the UN Convention On the Rights of the Child, the Ukrainian Constitution, the laws on education and health care were violated. The prosecutor’s notice of opposition and decision of the Leninsky District Court were disregarded whereas the Court satisfied the notice of opposition of Luhansk oblast Prosecutor and decided the order about boarding school closure to be unlawful.

However, the local authorities in Luhansk did not take necessary measures to protect the rights of sick children to treatment and education. In connection with this, the Commissioner instituted proceedings regarding violation of the child’s rights and freedoms. Having conducted the site examination, the Commissioner appealed to President Leonid Kuchma. Unfortunately, no corresponding measures have been taken to improve this situation.

The Commissioner took under personal control consideration of collective appeal regarding closure of educational complex in Putyvl (Sumy oblast). After a prompt action of the Ministry of Education of Ukraine, the State Inspection of Educational Institutions checked the circumstances of the complex closure. Under the decision of the regional expertise rada on licensing and certification, the functioning of the educational complex was resumed.

In their appeal to the Commissioner, Ms. T. Psrechanska and other eight persons from Poltava asked to consider the issue of providing additional premises to the school for children with bad sight in Poltava as it was impossible to organize educational process properly, provide necessary living and educational conditions to sick children. However, all attempts of the teachers to settle this important issue with their own efforts did not yield results. The local authorities, to which the school staff appealed, were indifferent to the fate of children. Seeing violation of human rights in the set forth facts, the Commissioner instituted proceedings and applied to the Poltava City Head asking him to check the set forth facts and to settle the problem. Only after that, the issue was considered by the Education Department of the Poltava City Executive Committee jointly with the Kyiv oblast rada in Poltava and improvement of the school’s material base was settled through transfer to its balance a children’s pre-school institution that was to be closed up. The school administration agreed to move to the proposed premises. Thus, after the Commissioner’s interference the entrenched children’s rights were restored.

Public educational bodies are oriented at enlargement of the net of secondary educational institutions with intensive study of Ukrainian and education of talented children in Ukrainian. Such educational institutions total over 400, including 220 lyceums, 224 gymnasiums, 20 colleges. The number of Ukrainian secondary schools has increased to 15,900, or 75% of their total number.

In all, about 4.5 million students (67.4% of the total) are instructed in Ukrainian, in Russian – 2.1 million (31.7%), in Romanian – 25,500 (0.4%), in Hungarian – 21,000 (0.3%), in Moldavian – 7,200 (0.11%), in the Crimean Tatar – 4,300 (0.07%), in Polish – 1,200 (0.02%).

The Commissioner should take attention to such a phenomenon as extension of the practice of providing additional educational services in violation of Articles 3 and 6 of the Law On Education. Thus, it was revealed that the school-children’s parents did not apply for additional paid services in number of Kyiv schools, and in those where they did there were no subjects and number of paid classes indicated in their applications. The school principals’ orders regarding this issue do not specify amounts and terms when these services are to be paid for, number of students who need additional classes. This issue is not reflected in orders of the oblast Education Departments about providing educational paid services contradicting the procedure established by Resolution of the Cabinet of Ministers No. 38 of January 20, 1997. Resolution of the Cabinet of Ministers No. 164 as of February 16, 1998 stipulates that oblast Education Departments should approve common estimated cost of revenues and expenditures for each educational institution, including receipt of money for additional services.

Actually, in all schools Parents Committees are created and they have taken over functions not stipulated by any regulations. Under the pretence of establishing charitable foundations that are not officially registered, they collect money for security and renovation of school premises, presents for teachers, etc.

Examining minutes of Parents’ Committees meetings, it was proved that, actually, school principals act as authors for such exactions. Settling the issue in this way they conceal unlawful exaction of money from parents. Another example:

Under the minutes No. 1 of the Parents Committee meetings in No.24 Kyiv Secondary School of September 9, 1998, it was decided to collect monthly UAH 12 from each pupil. Grade 3B of the said school in 1997-1998 donated to the school fund UAH 2,670, additionally they collected UAH 2,868 more and about UAH 300 – for cleaning classes while there are cleaners who get their wages.

Unfortunately, pedagogical workers did not evade such a phenomenon as delayed salaries. Recently, debt in salary payment to pedagogical workers is somewhat being reduced. At the same time, the Commissioner should state that social tension raised by salary arrears to teachers is not decreasing. In connection with this, teachers have to strike. Teachers in cities and oblasts of Ternopil, Kherson, Kyiv, Kirovograd, Chernihiv and in the Autonomous Republic of Crimea stopped their work. In average, they were not paid salaries in the amount of 4.5 to 6.5 monthly wage funds.

In connection with this, teachers from Sosnytsia and Mene raions in Chernihiv oblast, Krasnodon and Rubizhne in Luhansk oblast, and Snihurivka in Mykolaiv oblast appealed to the Commissioner. The Commissioner instituted inquiries into these facts.

The Commissioner received application from teachers O. Romaniuk and others (30 persons in all) from I-III level comprehensive school in Svoboda (Berehiv raion, Transcarpathia oblast) claiming their rights are violated as their salaries are delayed for a long period of time. All attempts of the teachers to settle the indebtedness problem at the local level found only indifference and misunderstanding of their problems on the part of officials and it made them to appeal to the Commissioner. The Commissioner instituted proceedings regarding this case. An application of the Commissioner was submitted to the Transcarpathia oblast State Administration requesting to consider the claim attentively and settle the problem of the teachers’ delayed wages. The oblast State Administration informed the Commissioner that wage arrears to the teachers were partially settled. They suggested that the remainder of debt is paid in kind (foodstuffs), and electricity and gas accounts are settled for account of the indebtedness.

Teacher F. Furmanyuk from Mykytytska school, village of Turkovytsia (Dubno raion, Rivne oblast) appealed to the Commissioner that his wage was not paid to him and that decision of the Dubno raion Court on collection in his favor from the Dubno raion Education Department indebted wage was not executed. His appeal to the state authorities did not yield positive results. The Commissioner instituted proceedings regarding the case and submitted application to the Ministry of Science and Education of Ukraine requesting to take necessary measures to recover the violated human rights. Due to interference of the Commissioner the indebtedness to the applicant is totally paid off.

Another example, a collective appeal of teachers of schools No.7 and No.10 in Novy Buh (Mykolaiv oblast) regarding five-month delay of wage payment. The letter touched as well the issue of the necessity to increase payment for fulfilling form-master duties and written tasks checking, seniority pays, material remuneration and payments for health improvement. Having considered the recounted facts and seeing rude violation of constitutional rights of the teacher, the Commissioner instituted proceedings regarding the case, submitted application to the Ministry of Education of Ukraine and the Mykolaiv oblast State Administration requesting attentively consider demands of the teachers of the named schools. The Ministry of Education and the Mykolaiv oblast State Administration informed the Commissioner that indebtedness to teachers was discharged. Regarding the issue of increasing payments for fulfilling form-master duties and written tasks checking, seniority pays, material remuneration and payments for health improvement they are to be examined more precisely. Proposals for final settlement of the touched issues were submitted to the Cabinet of Ministers.

Thus, violations of the right of teachers to be paid for work in good time were revealed in 1998-1999. In most cases interference of the Commissioner promoted these rights to be recovered.

The Commissioner is sure that to insure the right of persons to qualitative education is impossible without cardinal reforming of educational sphere and first of all without modern teacher whose status should be enhanced in the society and his rights should be decidedly protected. First of all there is a need in establishment of appropriate material conditions for him, timely payment and considerable increase of wages. It is impermissible that a teacher receives in average a wage of UAH 132-137, whereas under Article 57 of the Law On Education his wage should be at the level not less than average wage of industry workers.

Informational hunger, especially in rural areas is a serious hinder on the way of pedagogical skills improvement, level of common culture. Purchase of new methodical literature, press, health improvement and leisure became actually inaccessible for many teachers.

Quality and quantity of pedagogical workers being able to respond to changes in the society remain to be a problem. 21 pedagogical universities, 8 institutes, 20 colleges, 32 pedagogical and technical schools and partially 13 classic universities are engaged in education of pedagogical workers for comprehensive schools; teachers for the system of vocational training are taught at the Kharkiv engineer-pedagogical academy, some higher educational institutions, and 6 colleges.

All this provides opportunity to meet demand of educational institutions for teachers. At the same time, 13,000 teachers were dismissed in recent years because of various reasons, mostly due to decrease of the number of forms. It happens at the time when there is lack of qualified teachers, especially teachers of Ukrainian literature and language, foreign languages, mathematics. In general, in 1999 schools lacked 2,300 teachers, including 2000 in rural regions.

The Commissioner pays special attention to the problem of providing students with textbooks, manuals, and methodological recommendations for independent acquisition of knowledge that can be used. In recent four years (1996-1999) schools did not received 40 million textbooks. In 1997-1999 one textbook was published for 4-5 students, in the preceding years – for two-three students. In 1996-1999 in the state budget UAH 267.9 million were assigned for textbooks publication, and actually only UAH 105.2 million were allocated or 39.3% of the scheduled quantity. It is inadmissible that educational and methodical literature for children who study at the system of specialized education, series of reading books of Ukrainian and foreign authors were not financed and published in recent years.

The above mentioned affords ground for making conclusion that the right to qualitative secondary education is not secured sufficiently.

Vocational training is a part of the system of education in Ukraine and it is aimed at forming professional knowledge, skills, spiritual development, corresponding technical, technological and ecological thinking of citizens with the sake of creation of conditions for their professional activities.

Legal, organizational and financial grounds for functioning and development of the system of vocational training, creation of conditions for professional self-realization of a person and meeting needs of the society and the state in qualified workers is defined by the Law On Vocational Training adopted on February 10, 1998.

In the sphere of vocational training of Ukraine, there are 977 vocational schools functioning where 526,600 students study. At the vocational schools, 7,300 orphans, 53,000 children having one parent, 178,000 children from the families with low income and those facing problems (45% of all students of vocational schools) are trained and supported. In 70% of the vocational schools, students simultaneously with the trade mastering acquire comprehensive secondary education. Thus, in 1998-1999 academic year 263,200 qualified workers were trained. In spite of crisis in economy, decrease in production and related decline in jobs 87% of vocational school graduates found job at enterprises in 1998-1999. In addition, 30,000 of unemployed persons are trained at 350 vocational schools. Over 50% of students of vocational schools are taught in Ukrainian.

At the same time, as appeals of the workers of vocational schools to the Commissioner prove, the state of human rights observance in this sphere does not meet the demands of time. The authors of appeals pay attention of the Commissioner to the fact that vocational schools are not financed sufficiently and due to it, early in 1998, indebtedness in the sphere of vocational training totaled UAH 61 million of delayed wages, UAH 37 million of delayed stipends, UAH 17 million for electricity, UAH 73 million for utility rates. In recent two years the state of financing of the system did not improve.

“I was pressed to appeal to you as we have lost hope for justice and lawfulness in our state. We appeal to you as the last resort that can help to resolve the situation we have found ourselves in. We have found that laws adopted by the Parliament, rights declared in the Constitution are, please excuse our roughness, not for us – law-abiding citizens of Ukraine. We have lost hope as justice, laws, human rights are violated by those living under the motto ‘He pays who orders the music who.’ (Deputy Head of the Kirovograd oblast Education Department Mr. Kapchenko likes to say these words and he repeated them on September 1, 1999 in the reception room of the Director of No.10 Kapitanivka Vocational School to people who gave evidence to the Auditing Department and Ministry of Internal Affairs oblast Department representatives on abuse of office by that director)” – these are the initial words of the claim of O.Burlakova and other teachers and workers of No.10 Kapitanivka Vocational School in Novomyrhoro raion (Kirovograd oblast) on chain of violations of human rights that took place in the above mentioned vocational school: abuse of office by director S. Semko and rude pressure on independent teachers and trainers, violation of financial and economic rules by the director, forced dismissals and squaring accounts with workers. These cases were investigated by the Auditing Department and the Ministry of Internal Affairs oblast Department for Economic Crimes Control in Novomyrhorod, however, they did not do anything more except collecting evidence. Numerous appeals to the oblast Education Department were vain as Department reported to the Ministry of Education about payment of delayed wages to teachers by clearing, however, neither real wages were paid nor services rendered on account of wages. Application to the Kirovograd oblast State Administration appeared to be useless too.

In this situation, the Commissioner instituted proceedings regarding violation of human rights and the right to work, the right to receive wage and others. Taking into account the set forth facts, the Commissioner applied to the Ministry of Education of Ukraine asking to consider the claim and take appropriate measures to stop violation of human rights and laws in force. In its answer to the Commissioner’s application, the Ministry of Education informed that necessary measures were taken. The Director of No.10 Vocational School S. Semko was dismissed for unlawful actions, UAH 322,800 were transferred to teachers, thus, paying 50% of indebtedness in wages. Measures were taken to discharge the remainder of indebtedness.

Higher Education. In Ukraine, there is a wide network of I-II and III-IV accreditation level higher educational institutions created. Most of them are in Kyiv (680 students per 10,000 of population), Kharkiv oblast (460), Odessa oblast (288), Lviv oblast (255). Much lower indicators are in Transcarpathia oblast (72), Zhytomyr oblast (78), Chernihiv oblast (90), Ivano-Frankivsk oblast (89), Mykolaiv oblast (102), Kirovograd oblast (105). 20 oblasts have lower than average in Ukraine indicator (192) (Table 6.5).

The set forth data proves that number of I-II accreditation level higher educational institutions decreased only by two in the recent three years, and number of III-IV accreditation level institutions increased by 33. Number of students during this time at I-II accreditation level higher educational institutions decreased by 22,667 persons, and at III-IV accreditation level higher educational institutions increased by 175,374 persons.

Table 6.5 Higher education institutions of Ukraine (as of the beginning of the academic year)

In 1999, higher educational institutions of various accreditation levels educated 8,000 masters, 166,000 specialists, 44,000 bachelors and 169,000 junior specialists.

At the beginning of 1999-2000 academic year, 46,400 teachers worked at I-II accreditation level higher educational institutions, including 1,700 candidates of science, at III-IV accreditation level higher educational institutions – 76,000 persons, including 6,500 doctors and 37.6 candidates of science, 6,600 professors and 28,500 senior lectures.

After governmental reforms carried out in this sphere, there are 658 state-owned I-II accreditation level higher educational institutions in Ukraine having legal entity status and 20 affiliates. In addition, 105 higher educational institutions were comprised by universities, academies and institutes as structural detachments enjoying no right of legal entity.

A network of non-governmental higher educational institutions is being established totaling 162 institutions, including 69 I-II accreditation level institutions with licensed number of 5,062 students, and 93 III-IV accreditation level institutions with licensed number of 18,602 students.

However, appeals to the Commissioner regarding adherence to the right to education at non-governmental educational institutions prove that their rights are infringed due to lack of non-prejudiced information regarding state accreditation and certification.

It is a positive fact that, at the request of the oblast State Administration Education Departments, 4,000 vacancies are allocated for targeted admission of rural you00.

Due to schedule, transfer to teaching in Ukrainian at higher educational institutions is being carried out, though too slowly. Number of groups being taught in official language increased to 52% (23% - in 1991). According to statistical data, in 1998-1999 academic year, 67% students of I-II accreditation level higher educational institutions and 62% of III-IV accreditation level higher educational institutions were taught in Ukrainian.

Stipends and money maintenance arrears for students, cadets and students are still high. As of February 1, 2000 the amount of indebtedness totaled UAH 15,367,100. The highest indebtedness is observed in 1,346 institutions of the Ministry of Education and Science of Ukraine – UAH 8,593,000, at 137 institutions of the Ministry of Agricultural Policy – UAH 521,100, at 7 institutions of the Ministry of Defense of Ukraine – UAH 3,797,100.

M. Kaminska, a resident of Zhytomyr oblast, applied to the Commissioner asking to assist her in education of her son – a student at the M.P. Drahomanov Pedagogical University. He studied on a contractual basis and was one of the first students. However, due to squeeze conditions of the family, he could not continue to study at the paid department. The only way out was to shift to the state-provided education or leave the university. Many appeals of his mother to the university officials to use the university’s capacity to shift him to study at the expense of the state budget yielded no result. The Commissioner, seeing in the set forth facts violation of the right to education, instituted proceedings regarding the case of violation of human rights and applied to the Ministry of Science and Education of Ukraine. Due to taken measures, the issue was settled positively – the young man was shifted to free education.

The Commissioner considers it is necessary to attract attention to the fact that in ensuring the right to higher education there are serious problems first of all related to the right of acquiring free higher education, finding job by higher educational institutions graduates, etc.. Absence of the law on higher education has a negative impact at exercising the right to higher education.

Out-of-School Education is a component of ongoing education stipulated by the Ukrainian Constitution, the Law On Education, and it is aimed at the development of abilities and intellectual faculties of students, students, learners, meeting their interests, spiritual needs and demands when choosing trade.

The currently functioning network of out-of-school educational institutions promotes to some extent exercising of the constitutional right to education. 1,256,062 children are embraced by this type of education and training. 35,232 teachers work with them.

Due to the efforts of governmental authorities and educational institutions, variety of out-of-school institutions was preserved. There are over 30 types of out-of-school institutions. The system of the out-of-school education is comprised of palaces, houses of creative work, centers, stations of young technicians, naturalists and tourists, children fleets, stadiums, clubs of young aviators, paratroopers, physical training, children parks, esthetic schools, etc. – about 1,520 in total.

At the same time, decrease of the network of out-of-school institutions is taking place. In recent years this negative trend continued.

The Commissioner is especially concerned with the state of affairs in Kharkiv oblast, where, out of 105 out-of-school education institutions, only 70 continue functioning. Number of children of school age who were educated at these creative centers decreased from 26.3% to 13.5%. Similar situation is observed in Vinnytsia oblast (10.%), Transcarpathia oblast (10.6%), Khmelnytsky oblast (13.5%). In the recent years, funds for material and technical base of out-of-school education institutions actually were not allocated. At the same time, about 30% of out-of-school institutions have to lease premises, about 20% – need rebuilding, more than 50% of out-of-school study groups are functioning at their own premises, others are based at schools.

The Commissioner thinks that the Law On Out-of-School Education will essentially facilitate preservation of the system of out-of-school education.

Summing up, the Commissioner states that protection of the right to education, as well as entire state educational system, is in difficult situation. Paid education is inaccessible for majority of population and cannot be a real alternative for the free one. One of the reasons why human rights in the sphere of education are violated lies in failure to perform Article 61 of the Law On Education regarding budget allocations for education, volume of which cannot be less than ten per cent of the national income. The rule of Article 57 of the Law On Education stipulating seniority pay, annual pecuniary aid and health improvement aid has not yet been put into effect violating the constitutional right to education. That is why, in the Commissioner’s opinion, essential efforts of all governmental bodies are needed in order the right to education promulgated by the Ukrainian Constitution was not transformed into a declaration.

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