[International obligations and access to remedies]

Guatemala back --» back to introduction --» United Nations Treaties Date of admission to UN: 21 November 1945. - International Covenant on Economic Social and Cultural Rights - ICESCR Acceded: 19 May 1988. Reports submitted/due: 1/3 No reservations - International Covenant on Civil and Political Rights - ICCPR Acceded: 5 May 1992. Reports submitted/due: 2/2 No reservations Optional Protocol: Acceded: 28 November 2000. - International Convention on the Elimination of all Forms of Racial Discrimination - CERD Ratified: 18 January 1983. Reports submitted/due: 7/10 No reservations. - Convention on the Elimination of All Forms of Racial Discrimination - CEDAW Ratified: 12 August 1982. Reports submitted/due: 4/5 No reservations - Convention on the Rights of the Child - CRC Ratified: 6 June 1990. Reports submitted/due: 2/3 No reservations ILO treaties ILO 87 Freedom of Association and Protection of the Right to Organise Convention (1948) - date of ratification: 13.02.1952 ILO 98 Right to Organise and Collective Bargaining Convention (1949) - date of ratification: 13.02.1952 ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958) - date of ratification: 11.10.1960 ILO 138 Minimum Age Convention (1973) - date of ratification: 23.04.1990. ILO 169 Convention concerning Indigenous and Tribal Peoples in Independent Countries (1989) - date of ratification: 05.06.1996 ILO 182 Worst Forms of Child Labour Convention (1999) - date of ratification: 11.10.2001 Inter-American System American Convention on Human Rights - ACHR ("Pact of San Jose") Date of Ratification: 28.05.1978 Additional Protocol to the American convention on Human Rights in the Area od Economic, Social and Cultural Rights ("Protocol of San Salvador") Date of Ratification: 05.10.2000 Constitutional Guarantees of the right to education Date of adoption/date of entry into force - 31 May 1985 Relevant Provisions (…) Title II - Human rights Chapter I - Individual rights Art.36 - Freedom of religion Any person has the right to practice his religion or belief, both in public and in private, through education, (…). Chapter II - Social rights Section I - The family Art.51 - Protection of minors and the elderly The State will protect the physical, mental and moral health of minors and the elderly. It will guarantee them their right to food, public health, education, security, and social insurance. Section IV - Education Art.71 - Right to education The freedom of education and educational standards are guaranteed. It is the obligation of the State to provide and facilitate education to its inhabitants without any discrimination whatever. Art.73 - Freedom of education and state economic assistance The family is the source of education and parents are entitled to choose what is to be taught to their minor children. The State will be able to subsidize free private education centers and the law will regulate issues relating to this matter. Private education centers will operate under the inspection of the State. They are obligated to fill, at least, official study plans and programs. As cultural centers they will be exempt from all types of taxes and customs duties. Religious education is optional in public schools and can be given during regular hours without any discrimination. The State will contribute to the maintenance of religious education without any discrimination. Art.74 - Obligatory education The inhabitants have the right and obligation to receive early, pre-primary and basic education within the age limits set by the law. Education provided by the State is free. The State will provide and promote scholarships and educational credits. The State will promote special education, diversified education and education outside of school.