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. 4

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