The Main Problems Regarding the Right to Education, Equality of Opportunity, and Exam Law During the Ongoing COVID-19 Pandemic

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ISTANBUL HUKUK MECMUASI, vol.78, no.2, pp.837-884, 2020 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 78 Issue: 2
  • Publication Date: 2020
  • Doi Number: 10.26650/mecmua.2020.78.2.0019
  • Journal Indexes: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Page Numbers: pp.837-884
  • Keywords: Right to education, COVID-19, Equality of opportunity, Liability of administration, Exams, GENDER
  • Akdeniz University Affiliated: Yes


This article focuses on the possible effects of government measures against the Covid-19 pandemic on the right to education. Special emphasis is given to the principle of equality of opportunity. The first part is a discussion of the problems presented by the CESCR, CEDAW, CRC, OHCHR, and OECD concerning the right to education due to Covid-19. The second part of the article focuses on the case-law of the European Court of Human Rights on the right to education and compares previous cases to potential claims due to the pandemic. Potential claims might concern restricted access to education due to illness; unequal access to education due to disabilities or financial disadvantage; the lack of equality of opportunity in university entrance exams; and also concerns about school health services and their obligation of confidentiality. Complaints about these issues may concern government measures taken against Covid-19. Additionally, the right to education must be understood as the right to quality education. The final part of the study discusses the Turkish administrative jurisdiction and emphasizes the importance of a human rights-based approach to public order, and reviews various discussions concerning the eventual liability of the administration for losses resulting from Covid-19 measures. Finally, these claims are examined through a review of different examples, concluding with suggested solutions to the identified problems.