M. Magalhães Silva, D. Alves, M.J. Ferreira

Portucalense University (PORTUGAL)
The right to education emerges as a fundamental right and instrument of democracy that has accompanied the evolution of the social and democratic state of Western and European law. And can the right to education be successefully implemented through new technologies?
It is possible to find the right to education legally enshrined either in the domestic law of states, in constitutional texts, in international law or in general organizations such as the United Nations (UN) or regional organizations such as the European Union (EU).

In this context, information technologies emerge as a tool that, given their ubiquity and unquestionable use by all generations and in particular those at present in the school age, can and should be used to increase this right with success.

In the specific national case of the Portuguese Constitutio, the right to education is presented as a freedom and also as a cultural right. At international international law, the right to education emerges as one of the goals of the UN, and is enshrined in the European Union.
Also to note that this right, as a second generation social right, depends on public policies and financial endowment.

The right to education, as well as the right to vocational and continuing training - long life education - is valued by the European Union, which shapes the orientation of the Member States in their performance.

The right to education as a fundamental right is itself a vehicle for the consecration of fundamental rights as a whole. The development of a policy of raising awareness and educating the public on fundamental rights by states and international organizations that have a practice in this area allows for great achievements in the field of fundamental rights.

The education system, possibly through the use of new technologies (ICTs), will be responsible for maintaining the skills given the profile of today's students, essential to the pursuit of democratic ideals.

The aim is here to discuss the extent to which these new technologies can ensure a more effective implementation of constitutionally established law.

The value of the rule of law remains a priority today. But we can see that the realization of the right to education is not yet fully realized. And it will be also through the politics of education and training that the common values and the general principles of law will be maintained. The focus of state and international community intervention was also a necessity and priority.

This study intends to focus on the legislative documents and case studies presented in the literature that address the issue of valuing the use of new technologies in the realization of this right. On a theoretical and academic view, it is consolidated through the systematic and methodologically selected normative interpretation of the legislative texts.

Without presenting quantitative data, the aim is to bring to discussion and debate the role, value and capacity of the use of new technologies in enforcing a positive right that depends on the State's action to achieve it.

The analysis of the progress historically achieved towards the consolidation of the right to education leads to the recommendation to the states, both internally and as members of international organizations, to value education as a vehicle for the realization of democratic values. To this end, the role of new technologies will be paramount if and to the extent that public policies value and promote it.