Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 15 December 1999
Relevant Provisions
(…)
Title III - Duties, human rights and guarantees
Chapter III - Civil rights
Art.59
(…) The father and the mother have a right that their children receive the religious education which is in accordance with their convictions.
Chapter VI - Cultural and educational rights
Art.102
Education is a human right and a fundamental social duty, it is democratic, free of charge and obligatory. The State will adopt it as an indeclinable function of the highest interest in all its levels and modalities, and as an instrument of scientific, humanistic and technologic knowledge in the service of society. Education is a public service (…).
Art.103
Every person has a right to integral, quality, permanent education with equal conditions and opportunities, with no other limitations than those derived from his aptitude, vocation and aspiration.
Education is obligatory in all its levels, from the maternal level up to the intermediate diversified level.
That imparted in the institutions of the State is free of charge up to the university pre-grade. For that purpose, the State will make a priority investment, in conformity with the recommendations of the Organization of the United Nations.
The State will create and support institutions and services sufficiently endowed in order to ensure access, permanence and culmination in the educational system.
The law will guarantee equal attention to the persons with special needs or with disabilities and to those who are deprived of their freedom or who lack the basic conditions for their incorporation and permanence in the educational system.
Art.104
Education will be the charge of persons of recognized morality and proved academic fitness. The State will (…) guarantee to them stability in the exercise of the teaching career, be it public or private, (…), in a regime of work and quality of life in accord with their elevated mission.
Art.106
Every person, (…) with prior demonstration of his capacity, when he meets in a permanent manner the ethical, academic, economic, scientific, infrastructure and other requirements that the law establishes, may found and maintain private educational institutions under the strict inspection and oversight of the State (…).
Art.107
Environmental education is obligatory in the levels and modalities of the educational system, as well as also in non-formal civic education. (…)
Art.109
The State will recognize university autonomy as a principle (…).
Art.111
All persons have the right to sports and recreation as activities which benefit the quality of individual and collective life. The State will adopt sports and recreation as a policy of education and public health and will guarantee the resources for their promotion.
Chapter VIII - Rights of the Indigenous peoples
Art.121
The indigenous peoples have a right to maintain and develop their ethnic and cultural identity, world view, values, (…). [The indigenous peoples] have a right to their own education and to an educational regime with an intercultural and bilingual character, attending to their socio-cultural particularities, values and traditions.
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