The Role of International Human Rights Mechanisms in Strengthening Justiciability of the Right to Education in the Russian Federation

Pázmány Law Review. 2017.

Smirnova M.

The purpose of this paper is twofold. It aims, first, to reveal how international human rights mechanisms contribute to shaping normative content of the right to education that can be effectively enforced through available system of judicial and quasi-judicial protection. In order to render precision to the paper and considering its limits it will feature examples from a particular domestic jurisdiction – Russian Federation. Second, it will focus on demonstrating how these mechanisms can be used to indicate and address inadequacies of implementation of the internationally recognised right to education and to bridge existing gaps of protection of this right.

The structure of this paper reflects its aims and purposes. The first section is dedicated to exploration of existing definitions of justiciability as a legal concept. It will particularly focus on challenges of justiciability of economic, social and cultural rights. The second section in greater detail analyses the applicability of different concepts of justiciability to the right to education disaggregated by dimensions of the right to education at both international and domestic levels.

The main argument of this paper is the idea that justiciability of the right to education in its various dimensions can be positively affected by the practice of international human rights mechanisms. 

Keywords: судебная защита социально-экономических прав, право на образование, судебная защита прав человека, justiciability, right to education, justiciability of the right to education, justiciability of social and economic rights, международная защита прав человека