Abstract

CASTILLO-SANCHEZ, Camilo-Ernesto  and  CASTELLANOS-MORALES, Ethel-Nataly. Free primary education in Colombia: some arguments of constitutional and international law. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.383-404. ISSN 0124-0579.

Colombia is the only country in Latin America which State does not permit that primary education being free. As a consequence the government has not being interested in outlining a policy about free primary education. However, the Colombian constitution has rules that allow use treaties about human rights to interpret their own national rules. Through this technique of constitutional interpretation is possible to defend free primary education as an obligation. Colombia can’t ignore it. In fact, the Corte Constitucional has protected the access and the permanency in educational system based on International Law. In this kind of arguments, reasons about economical costs are irrelevant since right to education has had universal recognition. Our thesis is that there is no reason for Colombia to restrict right to education through the imposition of costs. This idea finds support in the fact that free primary education allows access and permanency in educational system. In addition free primary education is the best way to overcome economical obstacles which affect the right of education. First of all, this article will describe the obligations of Colombia regarding International Law, after that, we will analyze the decisions of the Corte Constitucional. Finally we will pose a conclusion that outlines some topics for future research.

Keywords : free education; economic; social and cultural rights; constitutional interpretation; constitutional law.

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