C-003 de 2017 rigth to education /scholarship, access.


Claim of unconstitutionality against the 4th numeral of the 8th article of the Law 1678 of 2013. This norm guarantees postgraduate degrees for the best 0.1% professionals graduated from institutes of superior education both public and private. In the Court´s judgment the sanction of losing a scholarship due to vague criteria like the commitment of “delinquent acts” affects the presumption of innocence and the right to education. Nevertheless, the legislator may contemplate measurements orientated to punish with retirement of scholarship to whom has committed a crime, providing that the due process and the presumption of innocence will be respected, and that the sanction won’t impose unreasonable loads on the right to education.