English

Constitutional Court protects fundamental rights to due process and privacy of two young people expelled from a school.


The Constitutional Court protected the fundamental rights to due process and the intimacy of two young people who had practiced the sexual act in a  private space of a school. For the Constitutional Court, the school did not take the necessary measures to protect the students' right to sexual intimacy and imposed a disproportionate sanction for expulsion, since the coexistence manual included mitigating measures that were not taken into account. The Court considered that the school  violated the right to due process of young people by imposing a penalty that did not take into account the principle of proportionality that should be followed by any disciplinary process. The Constitutional Court ordered the reinstatement of the students and the beginning of a new sanctioning process that is adjusted to the parameters of constitutional guarantee of due process and privacy.