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Janus, school segregation and the right to education

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    • Shared Funding, school segregation and the right to education via
    CIPER Varas Chile
    René González 05/04/1911

    This column is written with a sense of urgency, to call attention to a terrible injustice that took place in Puente Alto, and how to reverse the actions have opened an opportunity for improvement in Chilean Education .

    injustice to which we refer is discrimination has been a group of students in March this year, joining fourth medium, were denied registration. In December did not have enough money to pay its value and although the parents agreed to the reservation quota for the administration-supported private school, the Education Center Asturias, finally did not let them enroll.
    The students excluded and their families moved, supported by their peers and other guardians of the establishment, and went to the authorities concerned to defend their right to education. However, both the municipality of Puente Alto and the Provincial Range MINEDUC of them said they had no powers to intervene in these cases, because while the government subsidizes the school, its administration is private.
    Forum was how the Quality Education for All were available and offered to support its efforts to reverse the arbitrary action of the school. With the help of attorneys was filed as a first action, an application for protection before the Court of Appeals in San Miguel appeal to academic freedom. This application was declared admissible and processing hosted by this Court on 5 April.

    Then, on 27 April, brought an action before the Court Constitutional and requested to declare unenforceable Grant Act in this case (which enables the school to charge for educational services under the Shared Funding), to generate results in a situation contrary to the spirit of the Constitution. More specifically, it called on the Court, after a careful study by the attorney Fernando Atria, on setting up the right to education in our Constitution, which declared unconstitutional the application of that law when deciding on the situation created by the school for violating the constitutional principle of Freedom of Education. This argument is supported that this provision contains the rule of the constitutional system of teacher education in Chile, found in paragraph 3 of article No. 10 of 19, which states: "Parents have the right

    preferential and duty to educate their children. The State shall provide special protection Given that the right to educate their children in addition has the duty to educate them, and this duty is reflected in practice, the obligation of parents to send their children to an educational establishment, exercise of this right to education must be understood as a right of choice: the right of parents to choose free education center to be transmitted to their children, without discrimination of any kind, including economic.

    What happened in Puente Alto, know many Chileans who have lived in the flesh, is repeated with alarming frequency throughout the country. This is a critical aspect of the Chilean education: social and economic segregation of students, which has been verified by experts from the OECD this year as well as a wide range of experts and stakeholders in Chile. Both the processes of selection and exclusion of youth achievement, as important as the Finance Shared-as in Puente Alto-are leading cause of school segregation, which, worse still, intensified because of our educational system (see Juan Pablo Valenzuela studies and Christian Bellei, 2009 and Valenzuela and Ernesto Trevino, 2011).

    Therefore, the path of justice for the right to education has been undertaken, whatever the decision of the Constitutional Court is an opportunity to give continuity to an open debate for many years and taken up with particular force by the movement penguin 2006: the debate on educational inequality that reproduces and expands our school system because of the way it has been conceived and structured, and the possibilities of overcome. Debate

    the Forum on Quality Education for All drive particularly hard this month, on the occasion of the celebration of Global Action Week for Education (from 23 to 27 May), and will own the problem of segregation school in our country. A debate that takes us back to essential questions: what kind of education we want for Chile? Any education for those who have money and can pay and another for those who do not? You, what do you think?

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