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National Constitutional provisions – Argentina

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Argentina 22 August, 1994

EDUCATION

Art.14
All inhabitants of the Nation enjoy the following rights, (...), namely: (...) of teaching and learning. (…)

Art.75
The Congress shall have the power:
17. To recognize the ethnic and cultural pre-existence of indigenous Argentine peoples. To guarantee respect for their identity and their right to bilingual and intercultural education (...).
19. (...) To pass laws on the organization of and basis for education (...), which guarantee the principles of free and equitable public education by the State and the autonomy and self-sufficiency of the National Universities..

EQUALITY

Section 16

The Argentine Nation admits neither blood nor birth prerogatives: there are neither personal privileges nor titles of nobility. All its inhabitants are equal before the law, and admissible to employment without any other requirement than their ability. Equality is the basis of taxation and public burdens. 

GENDER

Section 37

[…] Actual equality of opportunities for men and women to elective and political party positions shall be guaranteed by means of positive actions in the regulation of political parties and in the electoral system.

CITIZENSHIP

Section 20.

Foreigners enjoy within the territory of the Nation all the civil rights of citizens; they may exercise their industry, trade and profession; own real property, buy and sell it; navigate the rivers and coasts; practice freely their religion; make wills and marry under the laws. They are not obliged to accept citizenship nor to pay extraordinary compulsory taxes. They may obtain naturalization papers residing two uninterrupted years in the Nation; but the authorities may shorten this term in favour of those so requesting it, alleging and proving services rendered to the Republic. 

RELIGION

 Section 2

The Federal Government supports the Roman Catholic Apostolic religion.

Section 14.

All the inhabitants of the Nation are entitled to the following rights, in accordance with the laws that regulate their exercise, namely[…]; to profess freely their religion; to teach and to learn.

 

INDIGENOUS PEOPLE

 Section 75

17.- To recognize the ethnic and cultural pre-existence of indigenous peoples of Argentina.