The former deputy and vice president of the provincial Legislature pointed out that “what Deputy Bermúdez loses sight of is that Education is a right, which the government is obliged to guarantee. Not a service. To consider it in this way is to take it down a step in the legal pyramid.”
The PRO deputy spreads the bill on the networks and invites the community to sign the petition. While Mansilla reminded him that the National Constitution, in its article 14, defines education as a right, as does the national education law 26,206, which in its article 2 specifies: “Education and knowledge are a public good and a personal and social right, guaranteed by the State.”
The former legislator and lawyer explained that personal rights have a higher legal category than a service and, therefore, greater protection. And he even mentioned that the World Labor Organization (ILO) classified jobs as “essential services” among which education does not fall.
SFP First day of classes beginning of the school year for primary schools (7).JPG
Sebastian Fariña Petersen
What the former provincial deputy questions is that by declaring education as an “essential service” it would be equated to any service, which can be marketed like electricity or gas. “ThatIt opens the door to another process, which is that of educational commercialization and privatization.”, he stressed and indicated that the trap is in talking about service, instead of rights since the latter implies access to all people.
“Even education as a right is also a constitutional obligation of parents to send their children to the educational stages that are defined as mandatory. These legal relationships are not possible in services: I do not have the right, for example, to travel by bus. If I don’t pay the ticket, I won’t travel, period,” exemplified Mansilla.
He clarified that students are not clients “and they could not stop receiving education for not paying. On the contrary, a large part of the educational period is obligatory, that is, a right and an obligation.”
In addition, he ruled out that it could be specified that schools remain open when there is a union conflict.
What is the function of schools?
The former legislator also questioned that the project seeks to prevent forceful measures from affecting the work responsibilities of families. “So what is the function of the school? Educate children and young people or be the place where parents leave their children to go to work? The answer we give ourselves also raises or lowers the bar regarding the importance of education in a society,” he emphasized.
However, he pointed out that it is a debate that cannot be resolved with the project presented by the deputies. He urged not to fall into simplifications “that only seek to demagogue.” On the contrary, he encouraged opening the debate among everyone and rejecting this type of projects.
Points of the project that seek to declare education essential
The project of the deputies Arriba Neuquén, PRO and NCN establishes in its article 2 that in the event that there are forceful measures, the enforcement authority must guarantee the opening of schools, the permanence of students throughout the school day , and compliance in each educational day of all levels and modalities of the educational system in the period of compulsory schooling of at least 75% of the teaching of classes. And in the cases of special educational establishments, school-homes and shelters, and those that have school cafeterias, the percentage will be 100%.
In the words of the authors of the law, the directors or those in charge of each school must report daily the attendance and absence of the staff to the higher authority.
They indicated that the authorities must guarantee that the services not provided are returned to complete the teaching of all the contents of the school period. And that “failure to comply with the law is considered a serious offense and may result in sanctions provided for in current legislation.”
In addition, it is highlighted that the aim is to prevent forceful measures from affecting the work responsibilities of families.
