Abstract

PEREZ VELIZ, Alie. Education in Cuba in the Light of Fundamental Rights. Cuest. Const. [online]. 2020, n.42, pp.271-308.  Epub Mar 09, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.42.14344.

The constitutional and legal configuration of education in Cuba, being exclusively provided by the State, and with the incontrovertible administrative decisions in this matter, is more oriented to a sovereign public function of the State than to a public service in the legal sense of the term. The lack of guarantees, such as the direct effectiveness and binding of all public “powers”, the reservation of law, the legislative unavailability for regression, the essential or minimum untouchable content, and effective judicial protection, constitute serious limitations to consider the education in Cuba as a fundamental right, in light of this theory. This legislative situation can place the holders of the right in positions of vulnerability to possible violations arising from administrative arbitrariness or legislative setbacks.

Keywords : Education; Fundamental Rights; Guarantees; Public Service.