Abstract
We study how the principle of equal opportunity is reflected in national laws on implementing the right to free and compulsory basic education in Finland and Russia (those being the 1998 Basic Education Act in Finland and the 2012 Federal Law "On Education in the Russian Federation"in Russia). We pursue to find answers to the following question: which elements comprising the principle of equality of educational opportunity are manifested in two laws under review, notwithstanding the significant differences in legal traditions and the respective approaches to equality in two states under consideration. The accuracy of our analysis is based on the existing universal "four A's scale"of education for all, set forth by the UN Committee on Economic, Social and Cultural Rights, i.e., availability, acceptability, accessibility, and adaptability.
| Original language | English |
|---|---|
| Article number | 1 |
| Pages (from-to) | 409-445 |
| Number of pages | 36 |
| Journal | European Journal of Comparative Law and Governance |
| Volume | 9 |
| Issue number | 4 |
| DOIs | |
| Publication status | Published - 26 Oct 2022 |
| MoE publication type | A1 Journal article-refereed |
Funding
a. Adherence to the principle of non-discrimination in the legislation of Finland and Russia guarantees support for pupils from vulnerable groups. The bea in Finland is formulated in a much more flexible way by supporting generally all those who need support in obtaining basic education, whereas in Russia children with disabilities (or with special educational needs) are seen as a special group. Moreover, the bea Art.17 also provides special-needs assistance, based on the pupil’s “interests and the facilities for providing the education.” Local authorities, thus, allocate more funds to schools where there are more pupils in need of special assistance. The decision on special pedagogical support is made after consultation with the pupil and his/her guardian and based on the report on the pupil’s learning progress, submitted by a multi-professional collaboration team of specialists, and if necessary, by a psychological or medical expert report or an equivalent social report. The available resources are, thus, distributed fairly according to a progressive system of income taxation that debars wealthy people from paying only for the education of their children. In contrast, in Russia, free school meals for children from grade five upwards are not seen as a part of free basic education but are considered to be a special tool of social assistance, while access to education in private schools creates conditions of inequality. In Russia, the fle Art.5 highlights special support for persons with disabilities and mentions support for pupils from families with socio-economic difficulties. Yet such support amounts to financial aid during the period of schooling, which is again - as in the case of school meals for those in grades five upwards– funded by welfare legislation.
Keywords
- education
- equality
- comparative law