The Right to Education in South American Countries: A Comparative Constitutional Approach

Abstract

This chapter presents an analysis of the constitutional definitions of the right to education. Four countries of the Southern Common Market are selected: Argentina, Brazil, Uruguay (member countries) and Chile (an associate State). A conceptual definition of the right to education-from the human rights-based perspective-is provided in order to analyze, from a comparative standpoint, the constitutional norms of each country. In recent decades, these countries have experienced recurrent school reforms which, as they are framed within legal definitions, have regulated the right to education as a premise for overcoming social inequalities. First, a definition of this concept is provided. Second, the national constitutions of each country are analyzed so as to identify the definitions they have in this field. Subsequently, a comparative discussion of the underlying regulatory definitions of the right to education is carried out. Finally, the scope and limitations that the constitutional texts of these countries have on the right to education are discussed, which allow for a better understanding of school reform processes that were carried out during the last decades and that had the right to education as an object of regulation and reconfiguration.