Education Rights Development in Accordance with European Jurisprudence of Strasbourg

Erdi Kuka 1 , Saimir Shatku 2  and Ermal Tauzi 3
  • 1 Faculty of Law, University of Tirana, , Tirana, Albania
  • 2 Faculty FVFR, UST, , Tirana, Albania
  • 3 Legal Advisor, Constitutional Court of Albania, , Tirana, Albania


Every society has its dynamic, economic, political and social development, which is closely related to the education right in the country and the priority given to it by the particular state-owned bodies created in this context. In the modern period, when globalization and technology are stretched out almost in every vital activity, and the society education plays a central role by helping generations about their skills. A society proves emancipation when all its citizens have access in all legislative and law enforcement structures by shareing their contribute to developing and testing skills in order to find new ways and development forms, related to education. The purpose of this paper is to show the education progress in Albania in accordance with European Jurisprudence of Strasburg, which has played a decisive role in protecting this important human right. Through analyzing the concrete cases dealt with by this court, as well as comparing the national legislation provisions with those issues, we will be able to see the results achieved in the education rights field by the Albanian state through the implementation of those provisions. As a conclusion, it should be acknowledged that the final result achieved in this paper, will help us to improve and develop one of the most relevant rights of the individual human being.

If the inline PDF is not rendering correctly, you can download the PDF file here.

  • Council of Europe. COMPASS- “The Manual on the Right to Education for Young People”, 2002. Strasbourg;

  • Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as amended by Protocols Nos. 11 and 14, Article 2 of Additional Protocol no. 11, 4 November 1950, ETS 5, available at: [accessed 4 January 2018]

  • Convention on the Rights of the Child, 1989, New York;

  • European Convention on Human Rights(ECHR), 1950, Rome;

  • Education for the 21st Century. [Online];

  • European Court Reports (ECJ) 1974 -00773, “Casagrande v. LandeshauptstadtMünchen”, case no 9/74 [1974] ECR 773, available at:, [accessed 4 January 2018].

  • European Court of Human Rights (ECtHR), “Oršuš and others v. Croatia” [GC] (No. 15766/03), 16 March 2010, available at:

  • European Court of Human Rights (ECtHR), “D.H. and others v. the Czech Republic”,[GC] (No. 57325/00), 13 November 2007, available at:

  • International Covenant on Economic, Social and Cultural Rights (ICESCR), 1976, New York;

  • Law no. 80/2015 "On Higher Education and Scientific Research in Higher Education Institutions in the Republic of Albania", 2015, Tirana;

  • Law No.69 / 2012 "On pre-university education" as amended, 2012, Tirana;

  • Law No. 8872, dated 29.03.2002 "On Professional Education and Formation in the Republic of Albania", as amended, 2002, Tirana;

  • Latifi, J., (2017), “Vejsel Rizvanollivs Academic Senate of the University of Sports of Tirana”, 2012, available online at:, [accessed 4 January 2018].

  • Ministry of Education, Sports and Youth in Albania, 2016. [Online] Available;

  • Republic of Albania’s Constitution, 1998, Tirana;

  • The Republic of Albania’s official notebook, (2015) , no 248, Law No. 80/2015 “On Higher Education and Scientific Research in Higher Education Institutions in the Republic of Albania”, Article no 3, pg.1, available at:, [accessed 4 January 2018]

  • The global human rights education and training centre[Online] Available;

  • The power of International Education. [Online] Available;

  • The jurisprudence of the European Court. [Online]Available

  • Universal Declaration of Human Rights (UDHR), 1948, Paris;

  • United Nations Development Program. [Online] Available;

  • UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, , Articles no 13 and 14, vol. 993, p. 3, available at: [accessed 4 January 2018].

  • General Assembly resolution 44/25 of 20 November 1989, Convention on the Rights of the Child, Articles no. 28 and 29, Adopted and opened for signature, ratification and accession, available at: , [accessed 4 January 2018].


Journal + Issues