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IN DEVELOPED COUNTRIES PRIVILEGES FOR HIGHER EDUCATION
AND THEIR LEGAL ASPECTS
Bokiev Jakhongir Nurmatjon ugli
Tashkent State Law University
Deputy Head of Constitutional Law Department
ORCID: (0000-0002-4183-4760)
E-mail: jahongirlawyer1@gmail.com
https://doi.org/10.5281/zenodo.17008122
Today, a deep and systematic legal analysis of the privileges granted in
ensuring the right to higher education is closely linked with the study of the
experience of developed countries. Foreign practice not only creates an
opportunity to compare international standards but also necessitates the
improvement of national legislation and its adaptation to the socio-economic
conditions and legal system of our country. Through this, constitutional rights in
the field of higher education are effectively implemented, legal mechanisms are
developed, and all citizens’ right to education on the basis of equal opportunities
is ensured.
According to statistical data, at the beginning of the 20th century, free
education was guaranteed in the constitutions of 58 percent of the world’s
countries, whereas today this figure exceeds 76 percent. An analysis of the
legislative acts on education in foreign countries shows that in many states, the
right to education is enshrined at the constitutional level.
Social privileges in ensuring the right to higher education are recognized as
an important factor in developing human potential and ensuring stability in
society. In particular, the experiences of the United States, Germany, Russia, the
United Kingdom, Italy, and Japan are of special interest. In these countries,
educational privileges are clearly defined in legislation, based on the principles
of social justice, applied according to transparent criteria, and secured with
strong legal guarantees.
According to I.B. Djurayev, the provisions established in the constitutions of
foreign countries regarding the right to education are primarily aimed at
training competitive specialists who, by obtaining higher education, can actively
contribute to the development of society and meet international standards.
These norms take into account not only personal interests in the field of
education but also social needs, envisaging the formation of human capital based
on science and modern knowledge.
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“In particular, in the Federal Republic of Germany, the right to higher
education is enshrined in constitutional norms, and ensuring equal access to it is
considered one of the priority directions of state policy. The Constitution, that is,
the Basic Law of the Federal Republic of Germany, guarantees every citizen the
right to freely acquire knowledge, choose a profession, and master it. Through
these provisions, the right to higher education finds its indirect expression.
Moreover, the principles of social equality and non-discrimination are given
special importance as fundamental principles of state policy. Article 3 of the
German Constitution strictly prohibits discrimination and inequality among
citizens based on any form of social distinction. It stipulates the following: ‘All
people are equal before the law. No one may be discriminated against or given
preferential treatment because of their sex, descent, race, language, nationality,
origin, faith, religious or political opinions.’”
In Germany, unlike in many other European countries, there is an
opportunity to obtain higher education free of charge, as public universities do
not charge tuition fees for bachelor’s programs and most master’s programs.
Students only pay a small amount called a “semester fee” (Semesterbeitrag),
which covers service costs such as libraries, dormitories, and transportation. At
the same time, in order to ensure social equality in higher education in practice,
a system of social benefits has been developed by the state. The legal basis for
this system is the Bundesausbildungsförderungsgesetz (BAföG), or the Federal
Law on the Promotion of Education. Under this law, students are entitled to
receive financial aid in the form of half-grant, half-interest-free loan. This
support is especially intended for those from low-income families, single
parents, students with disabilities, as well as foreign students residing
permanently in Germany.
For students with disabilities, special assistance is provided on the basis of
the “Law on Rehabilitation and Participation of Persons with Disabilities,” which
came into force in 2018. This includes specialized equipment for classes,
adjustments in class schedules, individualized pedagogical approaches, and
grants. Through these measures, the principle of inclusiveness has been
implemented in higher education.
The German experience demonstrates several strategic directions that
could serve as a model for Uzbekistan. First of all, in Germany, educational
privileges are granted solely on the basis of need—that is, depending on a
citizen’s socio-economic status, family circumstances, or health conditions—
according to strict legal criteria. This approach ensures that state assistance is
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distributed fairly, not through subjective decisions, but on a legal foundation
supported by transparent standards.
This important stage in Germany’s higher education system has also been
recognized by the well-known scholar Klaus Hurrelmann. In his view, the field of
education is not only about knowledge but also an institution that shapes civic
consciousness. Equality of opportunity is the key to social mobility. Indeed, a
system of open access to higher education through privileges guarantees not
only the right to acquire knowledge but also equal social participation of
citizens.
The German model is a successful example of realizing social justice in the
field of education and can provide Uzbekistan with important directions for
improving its system of educational privileges. In particular, by strengthening
the legal framework, adopting a needs-based approach, implementing a
centralized support system, and widely applying the principles of inclusiveness,
the possibilities for the real implementation of citizens’ constitutional rights are
significantly expanded. In turn, this strengthens social justice in the sphere of
education and creates a solid foundation for trust and progress in society.
In the United Kingdom, higher education institutions have the right to
independently decide on the admission and selection of students. This process is
usually based on the applicant’s academic achievements, letters of
recommendation, personal statements, and other criteria. There are no uniform
state-mandated standards; however, universities are expected to conduct their
admissions policies in a fair and transparent manner. Depending on students’
financial circumstances, some universities may provide scholarships or other
types of financial assistance. Such support usually depends on the institution’s
own policies and is considered on a case-by-case basis.
In the United States, the higher education admissions process is also
generally based on the applicant’s qualifications and knowledge, regardless of
their citizenship or residency status. There are no state educational standards
that determine the content and essence of higher education, and the state has
very limited interference in the activities of higher education institutions. To
support the functions implemented by the Department of Education, the U.S.
Congress annually approves various programs funded from the state budget,
among which the program providing financial assistance to students plays a
particularly important role.
Turning to the experience of the Italian Republic, higher education is
enshrined as one of the constitutional rights of citizens. Article 34 of the
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Constitution of this state recognizes education as an inalienable right of every
citizen and stipulates the following:
“Schools are open to everyone. At least eight years of primary education
shall be compulsory and free of charge. Capable and deserving persons, even if
lacking financial resources, have the right to attain higher education. Such social
benefits are determined on the basis of merit and are guaranteed through
scholarships and grants, opportunities provided to families, and other forms of
assistance.”
This provision not only defines the general approach but also clearly
indicates the state’s responsibility in providing social opportunities for higher
education.
Furthermore, on the basis of these constitutional principles, specific
normative acts have been developed. One such act is the ISEE (Indicatore della
Situazione Economica Equivalente) regulation, established by Presidential
Decree No. 159 of December 5, 2013. This system provides the mechanism for
granting educational benefits in higher education by assessing the economic
situation of the applicant or their family. It ensures a comprehensive evaluation
based on annual income, family property, and living conditions. As a result,
social justice and equal opportunities are established in the process of accessing
higher education.
In Italy’s higher education system, special grants are provided for socially
vulnerable groups, primarily orphans, persons with disabilities, and children
from low-income families. These grants cover tuition fees, accommodation, and
food expenses. In addition, there is a significant form of state-provided social
assistance known as the DSU scholarship (Diritto allo Studio Universitario),
intended for students with limited financial resources. This scholarship is
designed to cover the following main expenses:
Accommodation costs – the student is provided with low-cost or free
housing in a university dormitory or at a facility designated by the university.
Food expenses – students are given access to free or subsidized meals in
university cafeterias.
Educational materials – financial assistance is provided for purchasing
books, textbooks, and other study resources.
Through the DSU scholarship, children from low-income families gain the
right to continue their education without facing financial barriers. This
scholarship serves not only as economic support but also as an important
instrument for ensuring social justice and equality. To receive it, students must
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apply each year and submit relevant documents confirming their family
circumstances and income.
By analyzing the experience of developed foreign countries, a number of
proposals can be put forward to improve the system of privileges applied in
admission to higher education institutions in Uzbekistan.
First of all, referring to the German experience, in this country privileges
are mainly directed toward fields where there is a shortage of specialists in the
labor market. From this perspective, it would be expedient for Uzbekistan to
also introduce privileges for admission to higher education in accordance with
the urgent needs of the economy. For example, if there is a shortage of
specialists in the field of medicine, granting privileges specifically in this area
would serve to meet the demand for personnel in that sector.
The ISEE system introduced in Italy not only regulates the provision of
financial assistance but also expands citizens’ access to higher education.
Principles such as social equality, a fair mechanism of access to education, and
the rational use of state financial resources are practically implemented through
the ISEE system. Therefore, in the Republic of Uzbekistan, it is of current
importance to introduce the “FIHBI” – Indicator for Assessing Citizens’ Economic
Situation, based on a comprehensive analysis of citizens’ socio-economic
conditions. Through this system, privileges, grants, and other forms of assistance
in higher education will be determined with greater precision and fairness. With
the help of the FIHBI system, the doors of education will open wider for young
people with limited economic opportunities but a strong desire to learn, which
in turn will become one of the main factors of social justice, human capital
development, and long-term sustainable progress in the country.
In addition, in the United States and the United Kingdom, the main criterion
for admission to higher education institutions is the applicant’s level of
knowledge and qualifications. This approach is considered a priority principle
not only in the admission process but also throughout the entire education
system. Therefore, in Uzbekistan, apart from socially vulnerable groups, the
knowledge and qualification level of candidates should be established as the
main criterion for admission to higher education.
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