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Convention on the Recognition of Qualifications concerning Higher Education in the European Region (ETS № 165)
Convention on the Recognition of Qualifications concerning Higher Education in the European Region
Preamble
The Parties to this Convention,
Conscious of the fact that the right to education is a human right, and that higher education, which is instrumental in the pursuit and advancement of knowledge, constitutes an exceptionally rich cultural and scientific asset for both individuals and society;
Considering that higher education should play a vital role in promoting peace, mutual understanding and tolerance, and in creating mutual confidence among peoples and nations;
Considering that the great diversity of education systems in the European region reflects its cultural, social, political, philosophical, religious and economic diversity, an exceptional asset which should be fully respected;
Desiring to enable all people of the region to benefit fully from this rich asset of diversity by facilitating access by the inhabitants of each State and by the students of each Party's educational institutions to the educational resources of the other Parties, more specifically by facilitating their efforts to continue their education or to complete a period of studies in higher education institutions in those other Parties;
Considering that the recognition of studies, certificates, diplomas and degrees obtained in another country of the European region represents an important measure for promoting academic mobility between the Parties;
Attaching great importance to the principle of institutional autonomy, and conscious of the need to uphold and protect this principle;
Convinced that a fair recognition of qualifications is a key element of the right to education and a responsibility of society;
Having regard to the Council of Europe and Unesco Conventions covering academic recognition in Europe:
European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, CETS No. 15), and its Protocol (1964, CETS No. 49);
European Convention on the Equivalence of Periods of University Study (1956, CETS No. 21);
European Convention on the Academic Recognition of University Qualifications (1959, CETS No. 32);
Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (1979);
European Convention on the General Equivalence of Periods of University Study (1990, CETS No. 138);
Having regard also to the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976), adopted within the framework of Unesco and partially covering academic recognition in Europe;
Mindful that this Convention should also be considered in the context of the Unesco conventions and the international recommendation covering other Regions of the world, and of the need for an improved exchange of information between these Regions;
Conscious of the wide ranging changes in higher education in the European region since these conventions were adopted, resulting in considerably increased diversification within and between national higher education systems, and of the need to adapt the legal instruments and practice to reflect these developments;
Conscious of the need to find common solutions to practical recognition problems in the European region;
Conscious of the need to improve current recognition practice and to make it more transparent and better adapted to the current situation of higher education in the European region;
Confident of the positive significance of a convention elaborated and adopted under the joint auspices of the Council of Europe and Unesco providing a framework for the further development of recognition practices in the European region;
Conscious of the importance of providing permanent implementation mechanisms in order to put the principles and provisions of the current Convention into practice,
Have agreed as follows:
Section I – Definitions
Article I
For the purposes of this Convention, the following terms shall have the following meaning:
Access (to higher education)
The right of qualified candidates to apply and to be considered for admission to higher education.
Admission (to higher education institutions and programmes)
The act of, or system for, allowing qualified applicants to pursue studies in higher education at a given institution and/or a given programme.
Assessment (of institutions or programmes)
The process for establishing the educational quality of a higher education institution or programme.
Assessment (of individual qualifications)
The written appraisal or evaluation of an individual's foreign qualifications by a competent body.
Competent recognition authority
A body officially charged with making binding decisions on the recognition of foreign qualifications.
Higher education
All types of courses of study, or sets of courses of study, training or training for research at the post secondary level which are recognised by the relevant authorities of a Party as belonging to its higher education system.
Higher education institution
An establishment providing higher education and recognised by the competent authority of a Party as belonging to its system of higher education.
Higher education programme
A course of study recognised by the competent authority of a Party as belonging to its system of higher education, and the completion of which provides the student with a higher education qualification.
Period of study
Any component of a higher education programme which has been evaluated and documented and, while not a complete programme of study in itself, represents a significant acquisition of knowledge or skill.
Qualification
A. Higher education qualification
Any degree, diploma or other certificate issued by a competent authority attesting the successful completion of a higher education programme.
B. Qualification giving access to higher education
Any diploma or other certificate issued by a competent authority attesting the successful completion of an education programme and giving the holder of the qualification the right to be considered for admission to higher education (cf. the definition of access).
Recognition
A formal acknowledgement by a competent authority of the value of a foreign educational qualification with a view to access to educational and/or employment activities.
Requirement
A. General requirements
Conditions that must in all cases be fulfilled for access to higher education, or to a given level thereof, or for the award of a higher education qualification at a given level.
B. Specific requirements
Conditions that must be fulfilled, in addition to the general requirements, in order to gain admission to a particular higher education programme, or for the award of a specific higher education qualification in a particular field of study.
Section II – The competence of authorities
Article II.1
Article II.2
At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, each State, the Holy See or the European Community shall inform either depository of the present Convention of the authorities which are competent to make different categories of decisions in recognition cases.
Article II.3
Nothing in this Convention shall be deemed to derogate from any more favourable provisions concerning the recognition of qualifications issued in one of the Parties contained in or stemming from an existing or a future treaty to which a Party to this Convention may be or may become a party.
Section III – Basic principles related to the assessment of qualifications
Article III.1
Article III.2
Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, coherent and reliable.
Article III.3
Article III.4
Each Party shall ensure, in order to facilitate the recognition of qualifications, that adequate and clear information on its education system is provided.
Article III.5
Decisions on recognition shall be made within a reasonable time limit specified beforehand by the competent recognition authority and calculated from the time all necessary information in the case has been provided. If recognition is withheld, the reasons for the refusal to grant recognition shall be stated, and information shall be given concerning possible measures the applicant may take in order to obtain recognition at a later stage. If recognition is withheld, or if no decision is taken, the applicant shall be able to make an appeal within a reasonable time limit.
Section IV – Recognition of qualifications giving access to higher education
Article IV.1
Each Party shall recognise the qualifications issued by other Parties meeting the general requirements for access to higher education in those Parties for the purpose of access to programmes belonging to its higher education system, unless a substantial difference can be shown between the general requirements for access in the Party in which the qualification was obtained and in the Party in which recognition of the qualification is sought.
Article IV.2
Alternatively, it shall be sufficient for a Party to enable the holder of a qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of Article IV.1 shall apply mutatis mutandis to such a case.
Article IV.3
Where a qualification gives access only to specific types of institutions or programmes of higher education in the Party in which the qualification was obtained, each other Party shall grant holders of such qualifications access to similar specific programmes in institutions belonging to its higher education system, unless a substantial difference can be demonstrated between the requirements for access in the Party in which the qualification was obtained and the Party in which recognition of the qualification is sought.
Article IV.4
Where admission to particular higher education programmes is dependent on the fulfilment of specific requirements in addition to the general requirements for access, the competent authorities of the Party concerned may impose the additional requirements equally on holders of qualifications obtained in the other Parties or assess whether applicants with qualifications obtained in other Parties fulfil equivalent requirements.
Article IV.5
Where, in the Party in which they have been obtained, school leaving certificates give access to higher education only in combination with additional qualifying examinations as a prerequisite for access, the other Parties may make access conditional on these requirements or offer an alternative for satisfying such additional requirements within their own educational systems. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify one of the depositories that it avails itself of the provisions of this Article, specifying the Parties in regard to which it intends to apply this Article as well as the reasons therefor.
Article IV.6
Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution, or to a given programme within such an institution, may be restricted or selective. In cases in which admission to a higher education institution and/or programme is selective, admission procedures should be designed with a view to ensuring that the assessment of foreign qualifications is carried out according to the principles of fairness and non-discrimination described in Section III.
Article IV.7
Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution may be made conditional on demonstration by the applicant of sufficient competence in the language or languages of instruction of the institution concerned, or in other specified languages.
Article IV.8
In the Parties in which access to higher education may be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties shall be assessed in a similar manner as non-traditional qualifications earned in the Party in which recognition is sought.
Article IV.9
For the purpose of admission to programmes of higher education, each Party may make the recognition of qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.
Section V – Recognition of periods of study
Article V.1
Each Party shall recognise periods of study completed within the framework of a higher education programme in another Party. This recognition shall comprise such periods of study towards the completion of a higher education programme in the Party in which recognition is sought, unless substantial differences can be shown between the periods of study completed in another Party and the part of the higher education programme which they would replace in the Party in which recognition is sought.
Article V.2
Alternatively, it shall be sufficient for a Party to enable a person who has completed a period of study within the framework of a higher education programme in another Party to obtain an assessment of that period of study, upon request by the person concerned, and the provisions of Article V.1 shall applymutatis mutandis to such a case.
Article V.3
In particular, each Party shall facilitate recognition of periods of study when:
Section VI – Recognition of higher education qualifications
Article VI.1
To the extent that a recognition decision is based on the knowledge and skills certified by the higher education qualification, each Party shall recognise the higher education qualifications conferred in another Party, unless a substantial difference can be shown between the qualification for which recognition is sought and the corresponding qualification in the Party in which recognition is sought.
Article VI.2
Alternatively, it shall be sufficient for a Party to enable the holder of a higher education qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of Article VI.1 shall apply mutatis mutandis to such a case.
Article VI.3
Recognition in a Party of a higher education qualification issued in another Party shall have one or both of the following consequences:
Article VI.4
An assessment in a Party of a higher education qualification issued in another Party may take the form of:
Article VI.5
Each Party may make the recognition of higher education qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.
Section VII – Recognition of qualifications held by refugees, displaced persons and persons in a refugee-like situation
Article VII
Each Party shall take all feasible and reasonable steps within the framework of its education system and in conformity with its constitutional, legal, and regulatory provisions to develop procedures designed to assess fairly and expeditiously whether refugees, displaced persons and persons in a refugee-like situation fulfil the relevant requirements for access to higher education, to further higher education programmes or to employment activities, even in cases in which the qualifications obtained in one of the Parties cannot be proven through documentary evidence.
Section VIII – Information on the assessment of higher education institutions and programmes
Article VIII.1
Each Party shall provide adequate information on any institution belonging to its higher education system, and on any programme operated by these institutions, with a view to enabling the competent authorities of other Parties to ascertain whether the quality of the qualifications issued by these institutions justifies recognition in the Party in which recognition is sought. Such information shall take the following form:
Article VIII.2
Each Party shall make adequate provisions for the development, maintenance and provision of:
Section IX – Information on recognition matters
Article IX.1
In order to facilitate the recognition of qualifications concerning higher education, the Parties undertake to establish transparent systems for the complete description of the qualifications obtained.
Article IX.2
3 Every national information centre shall have at its disposal the necessary means to enable it to fulfil its functions.
Article IX.3
The Parties shall promote, through the national information centres or otherwise, the use of the Unesco/Council of Europe Diploma Supplement or any other comparable document by the higher education institutions of the Parties.
Section X – Implementation mechanisms
Article X.1
The following bodies shall oversee, promote and facilitate the implementation of the Convention:
Article X.2
Article X.3
Section XI – Final clauses
Article XI.1
which have been invited to the diplomatic conference entrusted with the adoption of this Convention.
Article XI.2
This Convention shall enter into force on the first day of the month following the expiration of the period of one month after five states, including at least three member states of the Council of Europe and/or the Unesco Europe Region, have expressed their consent to be bound by the Convention. It shall enter into force for each other State on the first day of the month following the expiration of the period of one month after the date of expression of its consent to be bound by the Convention.
Article XI.3
Article XI.4
Article XI.5
Article XI.6
Article XI.7
Article XI.8
Article XI.9
In witness thereof the undersigned representatives, being duly authorised, have signed this Convention.
Done at Lisbon on 11 April 1997, in the English, French, Russian and Spanish languages, the four texts being equally authoritative, in two copies, one of which shall be deposited in the archives of the Council of Europe and the other in the archives of the United Nations Educational, Scientific and Cultural Organisation. A certified copy shall be sent to all the States referred to in Article XI.1, to the Holy See and to the European Community and to the Secretariat of the United Nations.