Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 10 October 1991
Relevant Provisions
(…)
Title II - Concerning rights, guarantees and duties
Chapter 1 - Concerning fundamental rights
Art. 27. The State guarantees the freedom of teaching at the primary and secondary level, apprenticeship, research, and professorship.
Chapter 2 - Concerning social, economic and cultural rights
Art.44
The following are basic rights of children: (…), instruction and culture, (…).
The rights of children have priority over the rights of others.
Art.45
The State and society guarantee the active participation of adolescents in public and private organs that are responsible for the protection, education, and progress of the youth.
Art. 67
Education is an individual right and a public service that has a social function. (…)
The State, society, and the family are responsible for education, which will be mandatory between the ages of five and 15 years and which will minimally include one year of preschool instruction and nine years of basic instruction.
Education will be free of charge in the state institutions, without prejudices to those who can afford to defray the costs.
It is the responsibility of the State to perform the final inspection and supervision of education in order to oversee its quality, for fulfilling its purposes and for the improved moral, intellectual and physical training of those being educated, to guarantee an adequate supply of the service, and to guarantee for minors the conditions necessary for their access to and retention in the educational system.
Art.68
Individuals may create educational institutions.
Parents have the right to select the type of education for their minor children. In state institutions, no individual may be obligated to receive religious instruction.
The members of ethnic groups will have the right to schooling that respects and develops their cultural identity.
The eradication of illiteracy and the education of individuals with physical or mental limitations or with exceptional capabilities are special obligations of the State.
Art.69
The autonomy of universities is guaranteed. The universities will be able to administer and govern themselves through their own bylaws, in accordance with the law.
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