The right to education in Argentina: exception and (i) reasonability

Abstract

The work addresses the constitutional tension of the restriction of the right to face-to-face education in Argentina during the Covid-19 pandemic, through emergency decrees issued by the Executive Power, invoking the right to collective health. From a constitutional point of view, the importance of both rights is confronted in the Argentine and Inter-American systems; as well as the constitutional and jurisprudential requirements of the Argentine Supreme Court and the Inter-American Court of Human Rights for the restriction of rights. The conclusion rests on the fact that the reiteration throughout 2020 and 2021 of emergency decrees that imposed the suspension of school classes affects both the National Constitution and the American Convention on Human Rights.