Running With A Period

Defending the right of political conflict

The Red Defense Constitution, before announcement of some official spokesmen of the enactment of a Education Act establish a model educational accordance with the principles of a socialist state, warns that constitutionally content fundamental right to education, such as the right of parents to choose the kind of education for their children and persons to found educational establishments, are inherent rights, and that not be affected by political reasons or ideological, or conditioned to a certain unilaterally ideological thinking, even though education is a public service which is regulated by the State. Every citizen has the fundamental right to an education commensurate with their principles, traditions and culture whose amplitude, continuity, freedom and quality are preferably obligations of the state, but without imposing ways of thinking and acting. For its nature of fundamental right, education is a factor of development of the people, what you is inherent in the dignity educated freely, it that should facilitate and not hinder or family, or the society or the state, by what their regulation must be the product of a social pact and not an imposition state, so that its regulation should represent a joint effort to enable more and better education .

The public and private education are therefore manifestations of right of access to education and entitled to receive a quality education , so there should be no discrimination between educational models for political, social , economic or ideological. For the contrary, the education as a fundamental right is a means to promote democratic society which our Constitution calls for the ultimate goal of the overhaul of Republic, consistent with the values \u200b\u200band goals of higher state democratic social Law and Justice; protection life, freedom, justice, equality, solidarity, democracy, social responsibility , the preeminence of human rights, ethics and pluralism. A educational system our society can not be tied to single thoughts without violating the constitutional axiology before indicated. Therefore, the right to education that contracts Article 103 of the Constitution must guarantee the state through the election right of each citizen rate education they want and the right enjoy a private and public education, comprehensive and quality, equal opportunities, without further limitations than those derived from the aptitudes, vocation and aspirations.

It grounds, the right to education violates when prevents equal access or remain in the educational system, students discriminate between the type of institution educational prevents the participation of parents, guardians and teachers in decisions that affect the community educational, or applied controls that prevent the free operation of establishments educational. Accordingly, the State attentive against the right to education when in its regulation destroys educational freedom is its substance.

Freedom education includes the freedom of parents to choose the education to be taught to their children , academic freedom, freedom research, academic freedom, freedom of expression and opinion, religious freedom in educational establishments, the right participation of the community educational in decisions that affect and university autonomy. Moreover, the regulation of public service education as regards inspection and monitoring, must respect the essential content of right to education, particularly freedom of education, freedom of thought and right educational community participation. And should promote academic excellence and career ensuring the stability of teachers.

Finally, constitutionally , the right to education, for its humanistic content, requires a true national plan comprehensive and excellent education, the result of free and spontaneous participation and not imposed statist that commits state and society, so as not to affect the dignity of people in their right to think freely.

For this reason, the Red Defense the Constitution warns citizens about the harmful to punish an Education Act which disregards the right to education by the imposition of a model ideological education.

Jesús María Casal

Dean of the Faculty of Law UCAB

Román J. Duque Corredor

President Academy of Sciences Political and Social