RIGHT TO EDUCATION AND FREEDOM OF EDUCATION
The Chilean educational system is built on the basis of the rights guaranteed in the Constitution, as well as in the international treaties ratified by Chile and that are in force and, in special, of the right to education and freedom of education .
The aforementioned legal normal establishes that education is a right of all people.
Parents preferably have the right and duty to educate their children; to the State, the duty to grant special protection to the exercise of this right and, in general, to the community, the duty to contribute to the development and improvement of education.
It is the duty of the State to tend to ensure a quality inclusive education for all people. Likewise, it is the duty of the State to promote the creation of the necessary conditions for the access and permanence of students with special educational needs in regular or special education establishments, depending on the best interests of the child or ward.
Basic education and secondary education are compulsory, and the State must finance a free system aimed at ensuring equitable, inclusive and non-arbitrary access to them for the entire population, as well as generating the conditions for permanence in it in accordance with the law.
Education and freedom of education are complementary rights that are guaranteed in the Political Constitution of the Republic. The first one comprises two fundamental aspects:
1) Education aims at the full development of the person in the different stages of his life, in it parents have the preferential right and duty to educate their children.
2) For its part, freedom of education includes:
The right to open, organize and maintain educational establishments, and
The right of parents to choose the educational establishment for their children.
Both principles represent the acceptance of diversity in society and should complement each other. This diversity is expressed in Chile in the existence of different educational projects and in respect for the differences that must exist within each school.
Every educational establishment must have an educational project, which, in any case, must safeguard the principle of arbitrary non-discrimination, not being able to include conditions or norms that affect the dignity of the person, nor that are contrary to the human rights guaranteed by the Constitution and international treaties ratified by Chile and that are in force, especially those that deal with children’s rights. They must offer a variety of educational alternatives so that parents can choose an establishment in accordance with their values, principles and ideals. In this way, and respecting the constitutional norms, the fundamental objectives and minimum contents defined for the entire Chilean educational system,
When choosing an establishment, it is very important that the parents request the PEI from the management, in such a way that they can find out and assess whether this is the type of education.