Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 11 October 1972
Relevant Provisions
(…)
11 October 1972
Title III - Individual and social rights and duties
Chapter 4 - National culture
Art.84
(…) The State shall promote programs of bilingual literacy in indigenous communities.
Chapter 5 - Education
Art.87
All have the right to an education, and the responsibility to become educated.
The State organizes and directs national education as a public service, and guarantees parents the right to participate in the process of their children's education.
Art.90
Freedom of education is guaranteed, and the right to create private schools, subject to law, is recognized. The State has the power to intervene in the teachings of private educational establishments in order that national and social purposes of the culture, as well as the intellectual, moral, civic and physical formation of students, be fulfilled.
Educational institutions, whether public or private, are open to all students without distinction of race, social position, political ideology, religion, or the nature of the relationship of the student's parents or guardians.
Art.91
Official education is free at all pre-university levels. Primary level or general basic education is compulsory.
Free education obliges the State to furnish students with all supplies necessary for their instruction until they complete their general basic education.
Free education does not prevent a tuition fee at the noncompulsory level.
Art.94
Private undertakings whose operations significantly alter the school population in a certain area, shall contribute to meet the educational requirements of the children of their workmen in accordance with official regulations. Urban development enterprises shall have the same responsibilities with respect to the areas in which they operate.
Art.95
Only academic and professional titles issued by the State, or authorized by it, in accordance with the Law, are recognized.
Art.96
Education shall be imparted in the official language. Only in specially qualified cases of public interest can an educational establishment be permitted by law to teach in a foreign language.
Art.98
The State shall establish a system of economic benefits through scholarships, supplements, or any economic assistance to students who deserve or require it.
Under equal circumstances, preference shall be given to those who are financially in need.
Art.99
The Official University of the republic is autonomous.
Equal importance shall be given to University education provided in regional centers as that provided in the capital city.
Art.100
In order that the economic autonomy of the University be made effective, the State shall provide it with what is essential for its establishment, operation, and future development, as well as the endowment dealt with in the preceding article (art.99), and the necessary resources to increase it.
Art.101
Freedom of teaching is recognized subject to no other limitations than those that for reasons of public order may be established in the University charter.
Art.102
Exceptional students [la excepcionalidad del estudiante] of all types shall be afforded special education, based on scientific research and educational guidance.
Art.103
The Catholic religion shall be taught in public schools, but, upon the requests of parents or guardians, certain students shall not be obliged to attend religion classes, nor to participate in religious services.
Art.104
The State shall develop programs of education and promotion for indigenous groups which possess their own cultural mores, in order to ensure their active participation in public life.
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