Communication from the Federal Ministry of Foreign Affairs No 77 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the Recognition of Studies and Diplomas concerning Higher Education in the States of the European Region
Valid
Effective from 06.06.1988
77
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs stated that on 21 December 1979 the Convention on the Recognition of Studies and Diplomas in Higher Education in the States of the European Region was adopted in Paris at the 20th session of the United Nations General Conference on Education, Science and Culture.
The Charter on access to this Convention by the Czechoslovak Socialist Republic was deposited with the Director-General of the United Nations for Education, Science and Culture, depositary of the Convention, on 26 April 1988.
The Convention entered into force on 19 February 1982 pursuant to Article 18 thereof. For the Czechoslovak Socialist Republic, the Convention entered into force on 6 June 1988.
The Czech translation of the Convention is being announced simultaneously.
Convention
on the recognition of studies and diplomas relating to higher education in the countries of the European region
Preamble
States belonging to the European region Party to this Convention,
Recalling that, as the UNESCO General Conference has already pointed out several times in its resolutions on European cooperation, "the development of cooperation between nations in the fields of education, science, culture and information in line with the UNESCO Statutes plays a fundamental role in peace work and in international understanding ',
awareness of the close links between their cultures, despite the diversity of languages and the different economic and social establishment, and the desire to strengthen their cooperation in the field of education and education in the interests of well-being and the lasting prosperity of their peoples,
Recalling that in the Final Act of the Conference on Security and Cooperation in Europe of 1 August 1975, the States that met in Helsinki expressed their intention "to improve the access of students, teachers and researchers of participating States to educational establishments, to cultural and scientific institutions, in particular through the mutual recognition of university degrees and diplomas, if necessary through agreements between governments or through direct arrangements between universities and other universities and research institutions', and" facilitating a more accurate assessment of the problems relating to the comparison and equivalence of higher degrees and diplomas',
Recalling that most of the Contracting States have already concluded bilateral or sub-regional agreements to promote the implementation of these objectives, in particular on the equivalence or recognition of diplomas; but guided by the desire to continue and intensify their efforts at bilateral and sub-regional level to extend their cooperation in this area to the whole European region,
Believed that the great diversity of higher education systems existing in the European region is an exceptional cultural wealth that must be protected and guided by the desire to enable all its populations to make full use of this cultural wealth by facilitating access to education resources in the other Contracting States for the inhabitants of each Contracting State and, above all, allowing them to continue their education in the universities of those other States,
Having regard to the opinion that, in order to allow access to further stages of study, it is appropriate to use the concept of recognition of studies, which, in terms of mobility both social and international, will enable the level of education achieved to be assessed, taking into account the knowledge established by the diplomas awarded and any other relevant quality of each, if recognised as acceptable by the competent authorities,
Having regard to the opinion that the recognition of studies and diplomas awarded by all Contracting States, whether awarded in any one of them, is intended to increase the international movement of persons and the exchange of ideas, knowledge and scientific and technical experience, and that it is desirable to receive foreign students in higher education, which means that recognition of their studies or diplomas cannot give them greater rights than those of those States,
stating that such recognition is one of the conditions necessary to:
1. the best possible use has been made of education and education in their territories;
2. greater mobility of teachers, students, scientists and experts has been ensured;
3. faced difficulties encountered when returning to the country of origin by persons who have received education or education abroad;
guided by the desire to ensure the widest possible recognition of studies and diplomas, taking into account the principles relating to the development of permanent education, democratisation of education, the adoption and application of an education policy adapted to structural changes, changes in economic and technical, social and cultural context of each country,
determined to devote and organise its future cooperation in these areas through the Convention, which will form the starting point of concentrated dynamic activity carried out primarily by national, bilateral, sub-regional and multilateral mechanisms already in existence or the creation of which is necessary;
Recalling that the final objective of the UN General Conference on Education, Science and Culture is to "draw up an international convention on the recognition and validity of degrees, degrees and diplomas awarded by universities and research facilities in all countries',
agree on the following:
I. DEFINITIONS
1. For the purpose of this Convention, "recognition" of higher education certificates, diplomas, degrees obtained abroad shall mean their acceptance by the competent authorities of a Contracting State as a valid certificate and the grant to its rightholder of rights held by persons with a national diploma, certificate or rank, with which documents obtained abroad may be compared.
In this respect, recognition is of the following importance:
(a) Recognition of a diploma, diploma or degree for the purpose of initiating or continuing university studies shall allow the proof of the relevant candidate to be taken into account with a view to his admission to the university and research facilities of each Contracting State as if he were the holder of a comparable diploma, certificate or rank obtained in the relevant Contracting State. This recognition is not intended to exempt holders of a foreign diploma, diploma or rank from the need to comply (other than those relating to the holding of a diploma) which could be required for admission to the relevant university or research facility of the recipient State.
(b) Recognition of a foreign diploma, diploma or degree for the performance of employment shall constitute recognition of the professional training required for the performance of the work in question, without prejudice to applicable legal and professional rules and procedures in the relevant Contracting States. This recognition is not intended to exempt holders of a foreign diploma, diploma or rank from the need to comply with other conditions which may be prescribed by the competent governmental or professional authorities for the pursuit of the professional activity in question.
(c) However, recognition of a diploma, certificate or rank in the second Contracting State should not confer on the holder more extensive rights than those which he would enjoy in the country where he was awarded the diploma, diploma or rank.
2. For the purpose of this Convention, "substudy" means a period of study or education which, without constituting an termination of a study, may be of significant benefit in the acquisition of knowledge or skills.
II. OBJECTIVES
1. The Contracting States intend to contribute their joint activities both to promoting active cooperation between all peoples of the European region for the purpose of peaceful work and international understanding, as well as to making cooperation more effective with other UNESCO Member States in terms of better use of their educational, technological and scientific potential.
2. The Contracting States hereby solemnly confirm their firm decision to cooperate closely in the framework of their laws and regulations and their constitutional structures as well as in the framework of the intergovernmental agreements in force with a view to:
(a) enable, in the interests of all the Contracting States, to make the best and full use, in accordance with the general policy of education and administrative procedures of their resources available in the field of education and research, with the aim of:
(i) the widest possible access of students and scientists coming from any Contracting State to their universities;
(ii) recognise the studies and diplomas of such persons;
(iii) examine the possibilities of drawing up and adopting similar terminology for evaluation criteria to facilitate the application of a system capable of ensuring comparability of credit units, study subjects and diplomas;
(iv) adopt a dynamic concept in order to implement it in subsequent stages of study, taking into account the knowledge attested by the diploma and any other appropriate individual competence, if it is recognised as acceptable by the competent authorities;
(v) to adopt flexible criteria based on the level of education achieved and on the content of the programmes studied, taking into account the interdisciplinary nature of knowledge at higher level;
(vi) improve the system of exchange of information on the recognition of studies and diplomas;
(b) conduct in the Contracting States a continuous improvement of learning relationships, as well as methods of planning and promoting higher education, taking into account the requirements of economic, social and cultural development, the policy of each country, as well as the objectives set out in the recommendations formulated by the competent authorities of the United Nations for Education, Science and Culture, as regards the continuous improvement of the quality of teaching, development and continuous teaching and democratisation of education, as well as the objectives of developing human personality and understanding, tolerance and friendship between nations and at all of the human rights objectives set out in the education sector by the Universal Declaration of Human Rights, International Covenant on Human Rights adopted by the United Nations and the United Nations Convention on Education, Science and Culture;
(c) promote regional and world cooperation in order to address "problems of comparison and equivalence between higher education and diplomas" and to recognise higher education and qualifications.
3. The Contracting States have agreed to take all measures at national, bilateral, multilateral and, in particular, through bilateral, sub-regional, regional and other agreements, as well as through arrangements between universities and other higher education institutions, as well as through arrangements with relevant national and international organisations and bodies, so that the competent authorities can gradually achieve the objectives set out in this Article.
III. UNDERTAKINGS AND EXAMINABLE APPLICATION
1. In addition to the obligations incumbent on governments, the Contracting States have agreed to take all measures necessary to encourage the competent authorities concerned to recognise, in accordance with the definition of recognition referred to in Article 1 (1), diplomas for the completion of secondary education and other documents entitled to study in universities, issued in other Contracting States, in order to enable holders of such diplomas and documents to carry out studies in universities located in the territory of those Contracting States.
2. However, admission to higher education, without prejudice to the provisions of Article 1 (1) (a), may be subject to sufficient admission capacities as well as the conditions relating to the required language knowledge for the successful conduct of the chosen study.
1. In addition to the obligations incumbent on governments, the Contracting States have agreed to take all measures to support the relevant authorities concerned in order to:
(a) recognise, as defined in Article 1 (1) on recognition, certificates, diplomas and titles so that holders of such titles can continue to study, receive education or undertake research at their universities;
(b) establish, as far as possible, the ways in which, for the purpose of continuing studies, partial studies carried out at universities in other Contracting States could be recognised.
2. The provisions of paragraph 2 of Article 3 shall apply in the cases provided for in this Article.
In addition to their responsibilities as governments, the Contracting States have agreed to take all measures to support the competent authorities in order to streamline the recognition of higher education diplomas, certificates or degrees awarded by the authorities of other Contracting States for the purpose of carrying out employment within the meaning of Article 1 (1) (b).
In cases where a university located in the territory of one of the Contracting States does not fall within the competence of that State, it shall transmit the text of the Convention to the appropriate establishment and shall do everything in its power to adopt the principles set out in Parts II and III of the Convention.
1. As recognition relates to completed studies and diplomas, certificates or degrees obtained in institutions approved by the competent authorities of the country in which the diploma, certificate or rank has been awarded, the benefits of Articles 3, 4 and 5 may be enjoyed by any person who terminates such studies or has obtained such diplomas, certificates or degrees, whatever their nationality, political or legal status.
2. Any member of a Contracting State who has obtained one or more diplomas, certificates or degrees similar to those defined in Articles 3, 4 and 5 in the territory of a non-Contracting State may rely on those provisions which may be applied provided that such diplomas, certificates or degrees have been recognised in the country of origin or in the country in which the member wishes to continue his studies.
IV. MECHANISMS OF REALISATION
The Contracting States shall undertake to act in order to achieve the objectives set out in Article 2 and shall endeavour to ensure the best possible implementation of the commitments foreseen by the previous Articles 3, 4 and 5 through:
(a) national authorities;
(b) the Regional Committee referred to in Article 10;
(c) bilateral or sub-regional bodies.
1. The Contracting States recognise that the fulfilment of the objectives and obligations defined in this Convention requires, on a national scale, close cooperation and coordination of the efforts of various national, governmental and non-governmental authorities, in particular universities, attestation bodies and other educational institutions. They therefore commit themselves to the study of issues relating to the implementation of this Convention to the competent national authorities to which all relevant sectors will be associated and which will be able to propose appropriate solutions. In addition, the Contracting States undertake to take all measures to effectively accelerate the activities of these national authorities.
2. The Contracting States shall cooperate with the competent authorities of the second Contracting State in particular by enabling them to collect all information useful to their activities concerning studies, degrees and degrees.
3. Each national authority will have the necessary means to enable it to either collect, analyse and sort all the information useful for its activities in relation to studies and higher education diplomas, or to receive, as soon as possible, the information it will need in this area from a separate national documentation centre.
1. A regional committee composed of representatives of the governments of the Contracting States shall be established. The Secretariat shall be entrusted to the Director-General of the United Nations for Education, Science and Culture.
2. The Contracting States of the region of Europe which have been invited to participate in the diplomatic conference to implement this Convention will be able to attend the meetings of the Regional Committee.
3. The Regional Committee shall be responsible for monitoring the implementation of this Convention. It shall receive and examine the periodic reports transmitted to it by the States concerning the progress made and the obstacles encountered in the implementation of the Convention, as well as studies prepared by the Secretariat on this Convention. The Contracting States shall undertake to submit a report to the Committee at least every two years.
4. The Regional Committee shall, if necessary, send recommendations of a general or individual nature to States Parties for the implementation of this Convention.
1. The Regional Committee shall elect its chairman for each of its meetings and adopt internal rules. It shall meet at a regular meeting at least once every two years. The Committee shall meet for the first time three months after the deposit of the sixth instrument of ratification or accession.
2. The Regional Committee Secretariat shall prepare the rules of procedure of the meetings of the Committee in accordance with its instructions and with the provisions of the internal rules. It helps national organisations to obtain the information necessary for their activities.
V. DOCUMENTATION
1. The Contracting States shall proceed with the exchange of information and documentation on higher education studies and diplomas.
2. They will seek to promote the development of methods and mechanisms enabling the collection, analysis, sorting and dissemination of useful information on the recognition of higher education studies, diplomas and degrees and information collected by national, sub-regional, regional and international bodies, in particular the United Nations Organisation for Education, Science and Culture.
VI. COOPERATION WITH INTERNATIONAL ORGANISATIONS
The Regional Committee shall take all appropriate measures to accompany its efforts to ensure the best possible implementation of the Convention by the relevant international governmental and non-governmental organisations. This applies in particular to intergovernmental institutions and organisations responsible for implementing sub-regional conventions or agreements concerning the recognition of diplomas in countries belonging to the Europe region.
VII. HIGH-SCHOOL ESTABLISHMENTS CONTAINING INTO THE COMPETENCE OF THE CONTRACTING STATE ESTABLISHED OUT OF ITS TERRITORY
The provisions of this Convention shall apply to the studies, diplomas or titles achieved at a university in any direction within the jurisdiction of the Contracting State, even if the establishment is situated outside its territory, provided that the competent authorities of the Contracting State in which the establishment is situated would not object.
VIII. RATIFICATION, ACCESS, ACCESS IN FORCE
This Convention shall be open for signature and ratification by the States belonging to the Europe region which have been invited to participate in the diplomatic conference to adopt this Convention and the Vatican.
1. Other States, members of the United Nations, one of its specialised institutions or the International Atomic Energy Agency or participating States of the Statute of the International Court of Justice may be authorised to accede to this Convention.
2. Any request to this effect shall be sent to the Director-General of the United Nations for Education, Science and Culture, who shall forward it to the Contracting States at least three months before the meeting of the ad hoc committee referred to in paragraph 3 of this Article.
3. The Contracting States shall meet at an ad hoc meeting of an ad hoc committee composed of one representative of each Contracting State which is specifically authorised by its Government to make such a request. The decision shall be taken by a two-thirds majority of the Contracting States in the same case.
4. This procedure may apply only if at least 20 of the States referred to in Article 15 have been ratified by the Convention.
The ratification or access to this Convention shall be effected by the deposit of an instrument of ratification or accession with the Director-General of the United Nations for Education, Science and Culture.
This Convention shall enter into force one month after the deposit of the fifth instrument of ratification, but exclusively in relation to the States which deposited their instruments of ratification. For each other State, the Convention shall enter into force one month after the deposit of its instrument of ratification or accession.
1. The Contracting States may terminate this Convention.
2. The written notice of statement shall be deposited with the Director-General of the United Nations for Education, Science and Culture.
3. The denunciation shall take effect 12 months after receipt of the notice of denunciation. However, those who have benefited from the provisions of this Convention and who have still studied in the territory of a Contracting State which denies this Convention will be able to complete the cycle of studies begun.
The Director-General of the United Nations for Education, Science and Culture shall inform the Contracting States and the other States referred to in Articles 15 and 16, as well as the United Nations, of the deposit of all instruments of ratification or accession referred to in Article 17, as well as of all statements referred to in Article 19 of this Convention.
Pursuant to Article 102 of the Charter of the United Nations, this Convention will be registered in the Secretariat of the United Nations at the request of the Director-General of the United Nations for Education, Science and Culture.
In order to prove this, duly authorised representatives signed this Convention.
Done at Paris, 21 December 1979, in the English, Spanish, French and Russian languages, all four texts being equally authentic, in one copy to be deposited in the archives of the United Nations for Education, Science and Culture and one certified copy to be forwarded to all States pursuant to Articles 15 and 16 and to the United Nations
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 77 / 1990 Coll., on the negotiation of the Convention on the Recognition of Studies and Diplomas concerning Higher Education in the States of the European Region |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1990 |
|---|---|
| Effective from | 06.06.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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