REALIZATION OF PERSONAL NON-PROPERTY RIGHT TO EDUCATION IN THE CONDITIONS OF NECESSARY VACCINATION FROM COVID-1

This article is aimed at a detailed analysis of the process and possible obstacles in the implementation of the personal moral right to education in the context of the necessary vaccination against COVID-19. To understand fully the subject of the research, attention was drawn to some legislative acts that allow us to understand the meaning of the personal moral right to education, to analise definitions. The study analyzed the argumentation about a certain inferiority of distance learning, introduced due to quarantine restrictions and an insignificant number of vaccinated participants in the educational process. The allegation of violation of the right to education after the introduction of distance learning was refuted, taking into consideration the legislative acts. Another point of view, that was analyzed during the research, was the existence of discriminatory processes against unvaccinated citizens in the exercise of the right to education. However, a detailed analysis of the laws, as well as the personal opinion of the Ombudsman regarding the removal of unvaccinated persons from full-time education, gave grounds to refute this statement. Special attention was paid to the decisions of authoritative judicial instances, namely the ECHR, the Supreme Court on the arguments in support of compulsory vaccination, as well as the legality of limiting the rights of the unvaccinated. These decisions were based on the interests of the whole society, as well as the collective right to a safe environment. The study analyzed the mechanism of limiting any human right and its use to substantiate the legality of excluding unvaccinated individuals from fulltime education. Significant attention was paid to the point of view, which considers the need for vaccination as a condition for the realization of the right to education in any form, and certain analogies were described. And also the problem was analyzed taking into account the concept that recognized human life as the highest legal value. During the study, the conclusion was drawn, that there wasn't a fact of violation of the right to education of unvaccinated persons due to the interests and safety of society.