education provisions in the law: a briefing

I am now halfway through my time here and just thought i'd post some of the relevant provisions on education law and what through, my very limited knowledge of statutory interpretation, I think they all mean

the education clause in "Ley 136-03: Codigo para el Sistema de Proteccion y los Derechos Fundamentales de Ninos, Ninas, y Adolescentes" spans articles 45-50 and details the rights of children with regards to education.

Article 45 (I) states that nasic educaiton for all children within the territoy is cumplulsory and free.
(I) continues to say that there is never a case where education can be denied to a nino, nina, or adolescent for reasons such as 1) the absence of parents, 2) guardians, 3) lack of identity documents, 4) lack of economic recourse/ economic reasons, 5) or any other reason that violates their rights.

This article is important because it clearly deems illegal any practice that, through requiring documentation that identifies a child, denies them access to education. In addition, because pp II of the clause is written separately, and deals specifically with adolescents, it is clear that the rights of the child are not simply dealing with basic education as the first paragraph. Rather, it is dealing with any level of education that an adolescent would attend, since that is the scope of coverage of the clause. Therefore, since adolescents attend up to high school, it is illegal to deny education for lack of identity documents for children up through high school.

Article 46 descibes the guarantees to the right of education:
-provide access to education starting at age 3
-offer free and compulsory primary education
-adopt measures to regularly assist schools in reducing dropout rates
-secondary school, including vocational training for all adolescents
-information and orientation concerning professoinal and vocational formaiton/ training for all ninos, ninas, and adolescentes.

This clause, as well, is not limited by nationality. In fact it goes out of its way to use the term "todo" or all in order to include all children within the territory under its reach.

Art 47 obliges the directors of schools to play an active role in ensuring that all children attend school--even if it means forcing parents to inscribe children and taking the matter up the the CONANI (or Consejo Nacional para la Ninez y Adolesencia). It goes on to, (I) oblige the CONANI to put all children in school, (II) require that all nonattending students be reported, (III) and provides sanctions for directors not fulfilling their role--it is possible to take them before the Tribunal de Ninos, Ninas, y Adolescentes for sanctioning and (IV) the secretary of education can impose sanctions for the reasons laid out in this article.

Art 48--this is a long article--part of which i don't understand becasue of the spanish I just learned last week :) so i will just highlight several key provisions:
c) before any sanctions are imposed on the child regarding the limitation of any of the guaranteed rights, there ought be a chance for defense before a higher and impartial authority

d) there can never be corporal or economic sanction

f) the inability for parents to pay/ non-payment (in public/ private school) can never be the cause of discrimination or sanction for ninos ninas or adolescentes in whatever form

Sub (f) of this section will prove important in letting kids move out onto the next grade in whatever school they're attending/ the transition into private school. and the subsequent provisioin (g) guarantees that the only recourse the private institutions can take to a family that couldn't pay is to deny future service outside of that year, not to prevent the kid from finishing that year. subparagraph (II) says that anything in that article can be taken to the tribunal. in other words, the article presents an independent cause of action.

Article 49--All ninos, ninas and adolescentes must be treated with respect in their education.
This article can be a cause of action too I believe, though the article doesn't explicitly say so.

Article 50--delineates the structure of education and presents the process for addressing complaints about rights. essentially, with a complaint abotu the violation of a child's rights, one goes to the regional office of education (under Secretaria de Estado de Educacion + Orientacion y Sicologia y de Proteccion Escolar). There, there is a process that forms the Sistema Proteccion de los Ninos, Ninas, y Adolescentes. The procedures of which shall be defined by the Secretary of Education.