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Education as a fundamental right of social nature

There seems to be a consensus on the idea that our government should consider education as a priority. However, reality shows that education is still a distant dream, especially for the most vulnerable groups in our society. Both the practical implications of the fact that our Constitution states the right to education as a fundamental right of social nature and the requirements that can be addressed to the State to meet it are little known. Who is benefited by such right? May it be demanded collectively? Does it only mean a seat in an elementary school or the right to require public policies? May legal mechanisms be used in case of irregular or inadequate offer? The challenge of this article is to define the legal regime of the right to education as a fundamental right of social nature to contribute to increase the concrete possibilities for its satisfaction.

Education; Public policies; Social rights


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