Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 25 September 1992
Relevant Provisions
(…)
Part I - Fundamental principles
Title I - The Republic
(…)
Art.7 - Duties of the State
The following are fundamental duties of the State:
(…)
(h) To encourage education, culture, scientific research, the spread and utilization of new technologies, and the diffusion of Cape Verdian culture in the world.
(…)
Part II - Rights and duties of citizens
Title II - Rights, liberties and guarantees
Chapter 1 - Individual rights, liberties and guarantees
Art.48
(…)
(4) Freedom of religious instruction shall be guaranteed.
Art.49
(1) Everyone shall have the freedom to learn, to educate, and to teach.
(2) Freedom of learning, education, and teaching shall include the following rights:
(a) to frequent educational establishments and to teach without discrimination, as provided by law,
(b) to choose subjects and courses,
(c) to create schools and educational establishments.
(3) Families have the fundamental right to educate their children according to the ethical and social principles resulting from their philosophical, religious, ideological, aesthetic, political, or other convictions.
(4) The State may not program education and culture to follow any philosophical, aesthetic, political, ideological, or religious directives.
(5) Public education shall not be religious.
(6) The State does not possess the exclusive right to teaching and education, recognizing that communities, social groups, and individuals are free to create schools and educational establishments, as provided by law.
(…)
Title III - Economic, social and cultural rights and duties
Art.71 - Youth
(…)
(3) The State and society shall support the creation of organizations for youth for cultural, artistic, recreational, sports, and educational pursuits.
(…)
Title IV - Social rights
Art.73 - Education
(1) Everyone shall have the right to education.
(2) The State shall assure universal primary education, free and compulsory, the duration of which shall be established by law.
(3) All education shall be supported by state taxation.
Art.74 - Educational policy
(1) The State shall promote an educational policy which aims at the progressive elimination of illiteracy; at permanent education; creativity; integration of schools into the community; and the civic training of students.
(2) The State shall guarantee to poor students access to the various levels of education and shall promote a policy of granting scholarships and financial aid based on the capacity and personal merit of the student.
Art.75 - Public, private and cooperative education
Art.75
(1) The State shall create a system of public schools able to meet the needs of the population.
(2) The State shall recognize private and cooperative education and shall guarantee private entities and institutions and cooperatives the rights to create schools of different levels, as provided by law
Art.76 - Participation in education
1. The teachers, parents, education guardians and students shall have the right to participate in the democratic management of the schools, in accordance with the law.
2. The law will regulate the forms of participation of teachers, students and parents associations, as well as communities, institutions of a scientific character and the professional and trade union associations in the formulation of the education policy.
Title V - The family
Art.85 - Obligations of the State
1. With a view to protecting the family, the State shall undertake, namely:
(…)
c) to cooperate with the parents in the education of their children,
(…)
Art.87 - Childhood
1. Every child shall have the right to special protection from their family, society and the State, which shall guarantee to them the necessary conditions for the integral development of their physical and intellectual capacities, as well as special care in case of illness, abandonment or lack of affection.
2. The family, society and State shall guarantee the protection of the child against any form of discrimination or oppression, as well as against the abusive exercise of the authority in the family, in public or private institutions to whose guardianship he has been entrusted and also against the exploitation of child labor.
3. Children under compulsory school age shall be prohibited from working
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