مجلة القانون الدستوري والمؤسسات السياسية
Volume 9, Numéro 1, Pages 1-20
2026-06-20
From The Right To Education To The Freedom Of Education
Authors : Ababsa Hamza .
Abstract
This article analyzes the conceptual and legal shift from the right to education to the freedom of education within the modern rule-of-law state. It differentiates between the right to education as a positive duty borne by the state and the freedom of education as an extension of that right, reflecting a composite freedom grounded in pluralism, freedom of choice, and educational neutrality. The article also outlines the legal and functional grounds for entrenching this freedom, particularly its role in personal and societal development, human capital building, anti-corruption efforts, and the promotion of intellectual diversity. It concludes that recognizing the right to education alone is insufficient without constitutional protection of educational freedom. Right; Education; Freedom; Pluralism; Diversity.
Keywords
Right ; Education ; Freedom ; pluralism ; Deversity
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