Bibliographic citations
Usca, K., (2024). Informe Jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Exp.00853-2015-PA/TC [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/28656
Usca, K., Informe Jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Exp.00853-2015-PA/TC []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/28656
@misc{renati/529731,
title = "Informe Jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Exp.00853-2015-PA/TC",
author = "Usca Quispe, Kely Grace",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
The report explores the right to education of Marleni and Elita Cieza, aged 18 and 19, who sought enrollment in the first grade of secondary school at the nearest local school. However, their enrollment was contested by the director of the Local Education Management Unit, who, based on the General Education Law, concluded that they should attend a Regular Basic Education Center. This decision did not consider that such a measure violated the young women's right to education, as accessibility issues limited their ability to attend that center. The Constitutional Court considered the case representative of several individuals in similar conditions—rural and extreme poverty—and consequently declared a State of Unconstitutionality concerning the right to education. In this regard, the main issue of the case aims to demonstrate whether the violation of the right to education warranted the Constitutional Court declaring a State of Unconstitutionality. To this end, reference is made to the state's obligations regarding education as recognized in the Constitution, as well as the characteristics of the right outlined in General Comment No. 13 of the Committee on Economic, Social and Cultural Rights. Finally, relevant jurisprudence is employed to define the characteristics and scope of the State of Unconstitutionality.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.