Fundamental Rights

Article 42 - Education

Official Literal English translation

Article 42 Education

42.1 The State acknowledges that the Family is the primary connate teacher for the child, and (it) guarantees not to interfere with the inalienable right nor with the inalienable obligation of parents to provide education according to their means for their family in matters of religion, morality, intellect, body and sociality.

42.2 Parents can provide that education for their family at home or in private schools or in schools which are acknowledged or which are established by the State.

42.3.1 The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

42.3.2 But since the State is the guardian of the welfare of the people it must, because of the circumstances of the day, make it compulsory to give a certain minimum education to the children in moral, intellectual and societal affairs.

42.4 The State must make provision for primary education to be available free, and make an effort to help reasonably and to augment (any) educational initiative both private and communal and, when it is a requirement for the welfare of the people, to provide other educational facilities or foundations, having due regard, however, for the rights of parents, especially as regards the formation of the mind in religious and moral affairs.

42.5 In uncommon cases when it happens, for corporal reasons or for moral reasons, that the parents do not do their duties to their children, the State must, since the State is the guardian of the welfare of the people, make an effort through appropriate action to take the place of the parents, always having due regard, however, for the natural invincible rights of the child.

Points to Consider:

Article 42

Gives the family the opportunity to be the innate (connate) main educator and moral teacher for its family. Their teachings are valued as essential, especially in all personal matters, and the State cannot interfere/infringe on these rights. You are not bound to accept what a replacement education system such as a school offers as truth to your children. 

JM Kelly asserts that the mother and father have a right to choose how their child is taught and he says "These articles are some of the most innovatory of the constitution".