TY  - JOUR
T1  - Defensa de la gratuidad de la educación en Colombia: algunos argumentos constitucionales y de derecho internacional
A1  - Castillo Sánchez, Camilo Ernesto
PB  - Universidad del Rosario
YR  - 2010
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000364846
AB  - 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.
KW  - gratuidad de la educación
KW  - derechos sociales
KW  - bloque de constitucionalidad
KW  - derecho constitucional
KW  - free education
KW  - economic
KW  - social and cultural rights
KW  - constitutional interpretation
KW  - constitutional law
ER  -