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Universities propose that higher education becomes a fundamental right

Article published in Revista Semana, Tuesday July 5, 2011
 

Photograph by PECET research group 

 

Senior representatives of both public and private universities met the Minister of National Education María Fernanda Ocampo in order to discuss higher education reforms.

Two weeks ago the academic directors addressed the issues at which there is no agreement with the National Government such as the establishment of for-profit universities as well as the funding model proposed by the Ministry of National Education.

Although these are two of the most debated issues the Government is currently discussing a proposal that if approved by Congress would force the Government to make a greater effort in terms of education policies and investment.

Through the proposals to reform higher education act which intends to regulate university autonomy, as well as those proposals designed to be included in the draft amendment of Higher Education Act, university presidents seek higher education becomes another people's fundamental right.

This issue has been discussed for decades. While education in Colombia is allegedly an fundamental right, Colombian Constitution guarantees this right only to those aged between 5 and 15, until ninth grade of middle school.

If higher education becomes an fundamental right as proposed by university presidents rather than a “cultural public service” as stated by both the Act 30 and the Government proposal, then the Government would face a challenge similar to that long ago taken by countries like Germany and France.

Besides allocating a higher budget to education than that proposed in the draft amendment, the Government would be forced to expand the supply of student loans and subsidies in order to guarantee Colombians of any age the right to access higher education.

According to the Ministry of National Education 3.200.000 young have no access to higher education in Colombia. In addition, each year 600.000 high school graduates seek to enter higher education institutions.

But these figures contrast with reality. Although coverage of higher education has increased in recent years, in 2010 only 1.674.420 students were enrolled in institutions of higher education, including those enrolled in graduate programs. However 45% of those who manage to enter universities eventually withdraw mostly due of a lack of financial resources.

"Higher education has become a privilege only available to a few. If it became an fundamental right then the Government would be forced to define priorities for resource investment and incorporate higher education within the context of social investment, which means the Government should allocate a larger amount of money to higher education" claims José Gregorio Hernández, former president of the Constitutional Court of Colombia and Universidad Autónoma.

In terms of higher education the Government should aim at improving and adapting the infrastructure of both public and private universities so that they will be able to offer enough quotas, as well promoting distance learning.

Writ of protection

According to José Fernando Isaza, head of the Colombian Association of Universities (ASCUN) and current president of Jorge Tadeo Lozano University, it would be a great achievement for society if both the Government and Congress manage to reach an agreement regarding this subject.

However, he explains that it is not expected to achieve full coverage since not everyone is interested in enrolling in an undergraduate program. Rather it intends to guarantee the right to access higher education to those who are interested in studying besides having the abilities to do so.

"People have the right to access higher education despite their financial limitations, so the Government should find solutions in this regard" stresses ASCUN president.

A writ of protection would be a legal remedy for those whose rights to education are violated. However, it is Congress the responsible for determining which legal avenues would be available for citizens to demand access to higher education provided it becomes a right.

All who agree a change in education think that this would benefit competitiveness, equity and greater knowledge generation in the country. Also the labor market should be ready to take this challenge, as companies would be forced to hire a greater number of professionals and provide them with proper working conditions.

 

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