The Right To Education In Colombia: A Jurisprudential Analysis

Abstract

Education, as a basic guarantee that contributes to the development of the human being, is a public service. However, this service is required in its provision to the State as it is incorporated in national and international legal norms, a situation that transforms it into a right. The purpose of this article is to analyze the jurisprudential development that the Constitutional Court has given to the right to education in Colombia. The debate revolves around the fact that the right to education in Colombia is a fundamental right as it is enshrined in the Political Constitution. Therefore, such a right is superior in the Colombian legal system, since it is the positivization of an indispensable guarantee to achieve human dignity. Methodologically, the text is installed in the interpretative paradigm and the study is approached from the documentary method, starting from theoretical and conceptual references on the right to education. The deliberation concludes that the Constitutional Court of Colombia has carried out a rigorous analysis of the different constitutional scenarios, which reflects a solid, coherent and progressive position, aimed at protecting the right to education as a complex, relational and enforceable fundamental right, which imposes specific duties on the State, educational institutions and society.