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54. Education and training for lifelong learning involve “the rights and obligations
of all concerned under labour-related laws and other forms of labour regulation”. 12
Public authorities are responsible for active labour market measures for the
unemployed, and for promoting learning for all, both within and outside th e labour
market. As noted by the European Commission, trade unions increasingly deliver
learning to their members and participate in activities to promote and facilitate
learning among members and non-members alike. Together, social partners conduct
social dialogue at all levels and negotiate and implement agreements in respect of
education and training in the workplace. 19
55. Considerations pertaining to labour law are especially important as regards
agreements between providers of learning opportunities a nd their beneficiaries. For
example, the Workers Vocational Skills Development Act (2010) in the Republic of
Korea has the objective of promoting and stabilizing the employment of workers,
raising their social and economic status, improving the productivit y of enterprises
and thus contributing to social and economic development by promoting and
supporting workers’ skills development throughout their lives, training the skilled
and technical workforces required by industries and conducting projects for
industry-academia collaboration, among others.
VI. Lifelong learning and the national legal system
56. The right to education must be incorporated into national Constitutions and
legal systems so that its normative framework can be operationalized.
A.
Constitutional provisions
57. The Special Rapporteur underlines the importance of the constitutional bases
of lifelong learning. For example, in the Republic of Korea, it is the constitutional
obligation of the State to promote “lifelong education” (art. 31 (5)). The Framework
Act on Education 20 of the Republic of Korea introduced the right of every citizen to
learn throughout life. The country also adopted the Lifelong Education Act. 21 In
Argentina, the right to learn is enshrined in article 14 of th e national Constitution of
22 August 1994. The 1987 Constitution of the Philippines encourages the
development of non-formal, informal and indigenous learning systems, as well as
the provision of adult education and vocational training.
B.
National laws
58. The Special Rapporteur notes that lifelong learning is also reflected in
education laws. For example, the General Education Act No. 18.437 (2008) of
Uruguay 22 enshrines education as a fundamental human right in its article 1 and
provides that the State shall guarantee and promote quality education for all its
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19
20
21
22
16-14910
Commission of the European Communities, “Making a European area of lifelong learning a
reality” (see footnote 6), p. 10.
See www.moleg.go.kr/english/korLawEng?pstSeq=52143.
See www.moleg.go.kr/english/korLawEng?pstSeq=52187.
See www.unesco.org/education/edurights/media/docs/58baed0210eec2bac6760c53f1316bfa470a2e99.pdf.
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