Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 5 October 1988
Relevant Provisions
(…)
Title II - Fundamental rights and guarantees
Chapter II - Social rights
Art.6
Education, health, labor, leisure, security, social security…are social rights, in the form of this Constitution.
Title VIII - Social order
Chapter III - Education, culture, and sports
Section I - Education
Art.205
Education, which is the right of all and the duty of the State and of the family, shall be promoted and encouraged with the cooperation of society, seeking the full development of the individual, preparation for the exercise of citizenship, and qualification for work.
Art.206
Teaching shall be provided on the basis of the following principles:
I. Equality of conditions for access to and staying in school;
II. Freedom of learning, teaching, researching, and expressing thoughts, art, and knowledge;
III. Pluralism of ideas and pedagogical concepts and the coexistence of public and private teaching institutions;
IV. Free public education in official establishments;
V. Valorization of teaching professionals, guaranteeing, as provided by law, career plans for public school teachers, with a professional minimum salary and admittance exclusively by means of public competitive examinations and professional credentials;
VI. Democratic administration of public teaching, as provided by law;
VII. Guarantee of standards of quality.
Art.207
Universities enjoy autonomy with respect to didactic, scientific and administrative matters, as well as autonomy in financial and patrimonial management, and shall comply with the principle of inseparability of teaching, research, and extension.
§1. Universities are permitted to admit foreign professors, technicians and scientists as provided by law.
Art.208
§0 The State's duty towards education shall be effectuated through the guarantees of:
I. free, compulsory elementary education, including assurance that it will be offered gratuitously for all who did not have access to it at the proper age;
II. progressive universalization of gratuitous secondary school education;
III. special educational assistance for the handicapped, preferably within the ordinary school system;
IV. assistance to children from birth to six years of age in day care centers and preschools;
V. access to higher levels of education, research, and artistic creation according to individual capacity;
VI. provision of regular night courses adequate to the student's condition;
VII. assistance to elementary school students through supplemental programs of school books, educational supplies, transportation, food, and health assistance.
§1 Access to compulsory and free education is a subjective public right.
§2 The Government's failure to offer compulsory education or offering it irregularly implies liability of the proper authority.
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