Did You Know That the Right to Education in Chile Originates in the Constitution?
- Leslie Lara
- May 1
- 6 min read
Updated: May 23
We might not always realize it, but the right to education in Chile is rooted in the country’s Constitution. Studying and learning are not favors granted by those in power—they are fundamental rights protected at the highest legal level.
In this special Aula Chilensis series, we will explore how the Constitution shapes education in Chile, following the thread that connects constitutional principles, education laws, government institutions, and the everyday realities of schools. Today, we begin at the source: What does the Chilean Constitution actually say about the right to education? How is this right defined, and what does it mean in practice for our education system?
Table of Contents
What Does It Mean to Have a Right to Education?
Education is a fundamental human right. As highlighted by UNESCO in its Derecho a la Educación: Situación Mundial 2020 (Right to Education: Global Report 2020), this right goes far beyond simply making schools available—it also demands quality, inclusion, cultural relevance, and a deep respect for human dignity.
In Chile, education is recognized not only as a right but also as a shared responsibility. This means that the State, families, and society must work together to ensure that this right is truly upheld.
The Constitution also guarantees freedom of education, allowing for diverse educational models. However, all of them must respect basic standards of quality and adhere to human rights principles.
The Right to Education in Chile Originates in the Constitution
The right to education is established in Article 19, Section 10 of the Political Constitution of the Republic of Chile.
According to the official text published by the Biblioteca del Congreso Nacional (Library of the National Congress):
"La educación tiene por objeto el pleno desarrollo de la persona en las distintas etapas de su vida. Es deber del Estado fomentar la educación en todos sus niveles; estimular la investigación científica y tecnológica, la creación artística y la protección e incremento del patrimonio cultural de la Nación.
"Es deber del Estado garantizar el acceso gratuito y obligatorio a la educación básica y secundaria, y propender a la gratuidad de la educación superior."
"Los padres tienen el derecho preferente y el deber de educar a sus hijos, y de escoger el establecimiento de enseñanza para ellos."
2.1. Understanding the Core Constitutional Guarantees
Article 19, No. 10 of the Constitution sets out several key principles that, together, form the foundation of how Chile understands the right to education. Here is a closer look at what these principles mean:
Education as a path to personal growth: Learning is not just about acquiring knowledge—it should nurture all aspects of human development.
A clear duty of the State: Ensuring access to education is not a matter of political will. It is a constitutional obligation, especially when it comes to funding basic and secondary education.
Freedom of education: The Constitution protects the existence of diverse educational models, as long as they meet minimum standards of quality and promote inclusion.
The role of families: Parents have a constitutionally recognized right—and responsibility—to guide their children’s education and choose the schools they attend.
2.2. What Constitutional Recognition Means in Practice
Recognizing the right to education in the Constitution does not just set out broad principles—it also has real, concrete effects on how Chile’s education system is structured and operates. Some of the most significant practical implications include:
Public funding as a State obligation: The State is required to allocate public resources to ensure that basic and secondary education are both free and compulsory, making them accessible to everyone.
A mixed system of schools: Because the Constitution protects freedom of education, Chile has a variety of schools—public, subsidized, and private. These coexist within a mixed system, each with its own educational approach, but all subject to State oversight.
The State’s regulatory role: The government is responsible for setting minimum quality standards and ensuring that all schools—regardless of whether they are public or private—meet those standards in practice.
Active role of families: The preferential right of parents to educate their children means that public policies must support their freedom to choose among different educational models—by providing clear information and offering support mechanisms to guide those decisions.
These implications lay the foundation for the legal, institutional, and political framework that shapes Chile’s contemporary education system.
Why Constitutional Protection of the Right to Education Matters
Guaranteeing the right to education at the constitutional level has three major effects:
Long-term stability: Constitutional recognition protects this right from abrupt or regressive shifts in government policy. It provides continuity and a stable foundation for educational reforms.
Legal enforceability: When a right is enshrined in the Constitution, people can take legal action if they believe it has been violated. This strengthens citizens’ ability to hold the State accountable for inaction or abuse.
A mandate for State action: The right to education is not just a declaration of principles—it requires the State to actively legislate, regulate, oversee, and fund an education system that aligns with its constitutional duty.
That said, Chile’s experience shows that constitutional protection alone does not guarantee equal access, quality, or relevance in education. The gap between what the law promises and what students actually experience remains a pressing challenge.
In this context, Bellei and Muñoz (2024) highlight that, despite the formal recognition of education as a constitutional right, deep structural barriers continue to limit its full realization—especially when it comes to equity, quality, and non-discrimination.
From Legal Principles to Everyday Life in Chilean Schools
Recognizing the right to education in the Constitution is not just a symbolic gesture—it is the foundation upon which Chile’s entire educational system is built. From this constitutional mandate flow:
Key legislation, like the Ley General de Educación (General Education Law), which gives shape to constitutional principles through concrete rules on quality, inclusion, funding, State oversight, and school operations.
Public institutions, such as the Ministerio de Educación (Ministry of Education), the Agencia de Calidad de la Educación (Education Quality Agency), and the Superintendencia de Educación (Superintendence of Education), all of which are responsible for designing policies, monitoring outcomes, and ensuring that educational rights are fulfilled.
Public policies aimed at expanding access, promoting equity, and improving educational quality—reflecting the State’s constitutional duty to provide education that is free, inclusive, and relevant.
This legal and institutional framework serves as the bridge between constitutional principles and what students actually experience in classrooms across Chile.
In Chile, the right to education is not just a hopeful ideal—it is a constitutional obligation that places clear responsibilities on both the State and society. By enshrining this right, the Constitution provides a strong legal foundation meant to guide all educational policies and practices across the country.
Still, the existence of this right on paper does not guarantee its full realization in practice. Deep inequalities in access, quality, equity, and inclusion continue to stand in the way. Bridging the gap between what the law promises and what students actually experience in the classroom is a challenge we must confront—and one that matters to everyone involved in education, whether as teachers, students, families, or policymakers.
🎥 Recommended Video for Further Exploration (in Spanish)
"Derecho a la educación y libertad de enseñanza en la Constitución: el caso chileno" (The Right to Education and Freedom of Teaching in the Constitution: The Chilean Case)
This article is part of our special series on the Chilean education system, where we are unpacking the legal, institutional, and practical foundations that shape our schools. In the next post, we will explore how the General Education Law (LGE) puts constitutional principles into action and defines the core pillars of today’s school system.
We would love for you to share this article on your social media and join the conversation by leaving a comment:
Do you think the right to education is fully guaranteed in Chile today?
What areas do you believe still need strengthening?
Your input helps us build a more informed and engaged community!
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