A/HRC/35/24/Add.1
dismantling the legacy of market-based policies in education. The developing legal
framework shows how State obligations under international human rights instruments can
be incorporated into the domestic legal order, leading to policy and programmatic measures
at the national level.
10.
The Special Rapporteur pays tribute to the President for ushering in far-reaching
reforms that recognize education as a right, not a commodity, and for the new education
model in which for-profit education has no place.
III. International obligations undertaken by Chile concerning the
right to education
11.
Chile, as a State party to several international human rights instruments, has
undertaken legal obligations concerning the right to education. It has ratified the
International Covenant on Economic, Social and Cultural Rights, which covers the right to
education comprehensively. It is also a State party to the United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention against Discrimination in
Education, which prohibits any discrimination in education based, inter alia, on national or
social origin, economic condition or birth. Moreover, Chile has ratified the Convention on
the Rights of the Child, which establishes the right to education and outlaws discrimination
based on social origin and property. It is also a State party to the Convention on the
Elimination of All Forms of Discrimination against Women and the International
Convention on the Elimination of All Forms of Racial Discrimination. All those
international human rights instruments enshrine the fundamental principle of equality of
opportunity in education.
IV. National legal system concerning the right to education
12.
The transformations currently under way in the Chilean education system are
epitomized by the emerging national legislation in the field of education, which is premised
upon the right to education as a constitutional right.
A.
Constitutional provisions
13.
The right to education is enshrined in the Constitution of Chile of 1980. Under the
provisions of article 19, paragraph 10, of the Constitution, the right to education is
guaranteed to all persons. The Constitution establishes that the State must provide special
protection for the exercise of that right. It obliges the State to grant free access to, and to
finance, the educational system for the last year of preschool and throughout the primary
and secondary levels. At those levels, education is compulsory for the entire population and
must be free of charge.
14.
Article 19, paragraph 10, of the Constitution also establishes the objective of
education, which is the complete development of the individual at the various stages of life.
It provides that parents have the preferential right and duty to educate their children. It also
establishes that it is the duty of the community to contribute to the development and
improvement of education.
15.
In that context, the Special Rapporteur notes that, although the right to education is
not included in article 20 of the Constitution, which lists the rights that have constitutional
recourse to protection, in proceedings involving violations of human rights, the judiciary’s
broad interpretation has included the right to education, thus paving the way for its
justiciability.
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