Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 5 February 1917
Relevant Provisions
(…)
Title I
Chapter I - Individual guarantees
Art.3
Every individual has the right to receive an education. The State - Federation, States, Municipalities - shall impart preschool, primary and secondary education. Primary and secondary education is obligatory.
I. Since freedom of religious beliefs is guaranteed by Art. 24, said education shall be secular and, for that reason, shall be maintained completely separate from any religious doctrine;
II. The criteria which orient this education shall be based on results of scientific progress, shall combat ignorance and its effects, servitudes, fanaticism, and prejudices. Moreover:
a. It shall be democratic, considering democracy not only as a legal structure and a political regimen, but as a system of life founded on constant economic, social and cultural betterment of the people;
b. It shall be national insofar as - without hostility or exclusiveness - it shall attend to the comprehension of our problems, the utilization of our resources, the defense of our political independence, the assurance of our economic independence, and the continuity and growth of our culture; and
c. It shall contribute to an improved human coexistence, through the elements it contributes to strengthen the student, as well as an appreciation for the dignity of the person and the integrity of the family, a conviction in the general interest of society for the emphasis it places on sustaining the ideals of fraternity and equal rights of all men, avoiding the privileges of race, religion, groups, sexes or individuals.
IV. All education imparted by the State shall be free;
VI. Private individuals may impart education in all its types and modalities. Under the terms established by law, the State shall grant and withdraw the official recognition of validity of studies pursued in private facilities. In the case of primary, secondary and normal education, private persons must:
a. Impart education that complies with the same goals and criteria established in the second paragraph and section II, as well as comply with the plans and programs referred to in section II; and
b. Obtain previously, in each case, the express authorization of the public power, under the terms established by the law.
The universities and other institutions of higher education to which the law grants autonomy shall have the power and the responsibility to govern themselves; they shall achieve their purpose of educating researching and disseminating culture in accordance with the principles of this Art., respecting liberty of education and research and free examination and discussion of ideas; they shall determine their plans and programs; they shall set the conditions for the hiring, promotion and permanence of their academic personnel; and they shall administer their patrimony.
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