Part of a law which allowed the Colombian government to charge for primary education was deemed unconstitutional after a pair of Colombian lawyers, collaborating with the law faculty at New York’s Cornell University and a coalition of civil society organisations, brought a direct challenge against its discriminatory provisions.
In this decision, the eighth chamber of review of the Constitutional Court of Colombia found that the State had violated the fundamental rights to education and equality of four children who lived outside the urban centre by not providing transportation to the closest secondary education institution.
In this case, petitioners supported by the Colombian Coalition for the Right to Education filed a claim with the Constitutional Court of Colombia challenging a provision in the General Education Law (Law No. 115 of 1994), which allowed the government to impose fees for primary education. The Constitutional Court found that the provision of law that allowed the charging of fees for primary education was unenforceable and in violation of the Colombian Constitution and international human rights treaties. This decision reaffirmed that Colombian laws must be interpreted in light of the provisions of international human rights treaties, which have a superior standing. The decision also confirmed the fundamental nature of the right to free primary education.