Examinando Derechos humanos y gobernanza por Materia "Legal Challenges"
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- ÍtemDesafíos jurídicos y regulación sobre Educación en Casa en Colombia desde una perspectiva de Derechos Humanos(Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Maestría en Derechos Humanos y Gobernanza, Pasto, 2022-12-19) Rodríguez Rosas, Victoria Alejandra; Mauricio Chamorro; Israel BielThe right to education is a universal right and undoubtedly one of the most important of childhood, responsible for developing the necessary skills to live in society. According to the Colombian Constitution, the State, society and the family are responsible for education and the law guarantees the right of parents to choose the type of education for their minor children, which opens up some different possibilities for schooling if the Parents so decide, this is where Home Education appears as an alternative to the conventional pedagogical system in which parents or guardians acquire a teaching role without the intervention of the State or the school. In this regard, there is no regulation or regulation that regulates this educational alternative, which means that it is practiced without any guidelines or supervision and may end up violating the Human Rights of both minors and parents, it is important to understand that the right to education as what is contemplated in the Universal Declaration of Human Rights is difficult to develop in a one hundred percent home environment. The right to equality can be seen unprotected by gender oppression and intense role tension suffered by the majority of mothers, the right to health, well-being, medical assistance and the necessary social services are violated when They present cases of violence or negligence suffered by children and adolescents when they are away from public and social settings. These issues need to be examined from a legal and comparative legal perspective in the light of international treaties, conventions and judgments that provide useful pronouncements for a possible regulation in our country. Although Home Education represents a small number that has been increasing, partly due to the pandemic, it is necessary to understand the need to regulate this practice in order to avoid possible transgressions, the question at this point is: what aspects should be regulated? and characteristics are the main challenges facing the regulatory system to reach a possible regulation of Home Education as a guarantor of Human Rights?.