Realization of the human right to education in quarantine conditions: Ukrainian realities
Authors:   I. Horbachevsky Ternopil National Medical University, Kalyniuk Natalia Mykolayvna 
Published: January 2021

It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.