Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 2 April 1976
Relevant Provisions
(…)
Part I - Fundamental rights and duties
Title II - Rights, freedoms and guarantees
Chapter I - Personal rights, liberties and guarantees
Art.43 - Freedom to learn and teach
1. The freedom to learn and to teach are guaranteed.
2. The State can not plan education and cultural development according to any philosophical, aestethic, political, ideological or religious precepts.
3. Public education shall not be denominational.
4. The right to establish private and cooperative schools is guaranteed.
Chapter II - Social rights and duties
Art.70 - Youth
1. Young people receive special protection so that they may enjoy their economic, social and cultural rights, in particular with respect to:
a. Education, vocational training and culture.
Title III - Economic, social, and cultural rights and duties
Chapter III - Cultural rights and duties
Art.73 - Education, culture, and science
1. All have the right to education and culture.
2. The State promotes the democratization of education and the other conditions that enable education, both at school and in other formative means, to contribute to equality of opportunity, to surmounting economic, social and cultural inequality, to the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress, and to democratic participation in communal life.
Art.74 - Education
1. All have the right to education with the guarantee of the right to equality of opportunities for access and success in schooling.
2. For the implementation of its policy for education, it is incumbent on the State to:
a) Ensure basic universal, obligatory and free education;
b) Create a public system and to develop a general system of pre-school education;
c) Guarantee continuing education and to eliminate illiteracy;
d) Guarantee to all citizens, in accordance with their capacities, access to the highest levels of education, scientific research and artistic creativity;
e) Establish progressively free education at all levels;
f) Provide for schools within the communities they serve and to establish coordination of education with economic, social and cultural activities;
g) Promote and support access by citizens with disabilities to education and support to special education where necessary;
h) Protect and develop Portuguese sign language, as a cultural expression and instrument of access to education and equality of opportunity;
i) Ensure instruction in the Portuguese language and access to Portuguese culture to the children of emigrants;
j) Ensure that the children of immigrants have adequate support for the implementation of their right to education.
Art.75 - Public, private, and cooperative education
1. The State shall establish a network of public educational institutions that meet the needs of the whole population.
2. The State recognizes and supervises private and cooperative education, in accordance with the law.
Art.76 - University and access to higher level education
1. The rules governing access to universities and other institutions of higher education guarantee equal opportunities for all and the democratization of the system of education; taking into account the need for qualified graduates and the enhancement of the educational, cultural, and scientific standards of the country.
2. Universities are autonomous in the making of their regulations and enjoy scientific, educational, administrative, and financial autonomy, in accordance with the law, without prejudice to appropriate evaluation of the quality of education
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