Skip to Content
Home

National Constitutional provisions – Chile

 

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 Chile 2005, amended 2009

 EDUCATION

 Art.19.

 The Constitution guarantees to all persons:

(10) The right to education. The objective of education is the complete development of the individual in the various stages of his life. Parents have the preferential right and duty to educate their children. The State shall provide special protection for the exercise of this right.

 El Estado promoverá la educación parvularia.

Basic education is mandatory; to that effect, the State must finance a gratuitous system designed to ensure access thereto by the entire population.

En el caso de la educación media este sistema, en conformidad a la ley, se extenderá hasta cumplir los 21 años de edad.

It is, likewise, the duty of the State to promote the development of education at all levels, encourage scientific and technological research, artistic creation, and the protection and increase of the cultural patrimony of the Nation. It is the duty of the community to contribute to the development and improvement of education;

(11) Freedom of teaching includes the right to open, organize and maintain educational establishments. Freedom of education has no other limitations but those imposed by morals, good customs, public order and national security. Officially recognized education can not be directed towards propagating any type of political-partisan tendency. Parents have the right to choose the educational establishment for their children.

A constitutional organic law shall establish the minimum requirements for each of the levels of primary and secondary education and shall provide for the objective norms of general application, that may enable the State to watch over compliance therewith. Said law shall, likewise, establish the requirements for obtaining official recognition of educational establishments at all levels;

EQUALITY

Article 1.-

 Men are born free and equal, in dignity and rights.

(…) It is the duty of the State to safeguard the national security, to provide protection for the people and the family, to promote the strengthening of the latter, to further the harmonious integration of all the sectors of the Nation and to ensure everyone the right to participate in the national life with equal opportunities.

Art. 19

(…) 2.-Equality before the law. In Chile there are no privileged persons or groups. In Chile there are no slaves, and those who should set foot on her territory become free.

Neither the law nor any authority may establish arbitrary differences;

3.- Equal protection under the law in the exercise of their rights.

GENDER

Article 19

 The Constitution guarantees to all persons:

2.- Equality before the law. (…) Hombres y mujeres son iguales ante la ley.

PARENTS

Article 19.-

Parents have the preferential right and duty to educate their children. The State shall provide special protection for the exercise of this right.

Parents have the right to choose the educational establishment for their children.