Access to education for children and adolescents

Juan Gabriel Peñaranda Archila v. mayor of Sardinata & another

Date:  05/17/2019

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Concurrence: Diana Constanza Fajardo Rivera

Facts.  The plaintiff, in his capacity of Official Representative of the municipality of Sardinata (Norte de Santander), claimed that the lack of an appropriate bridge spanning one bank to the other of the river “Nuevo Presidente”, make it dangerous for the students living in the Village San José de Campo Lajas to reach, every day, the elementary and high school San Luis Beltrán.  Students must take unsafe makeshift rafts to cross the mighty river, so endangering their lives.

Issue: Should municipal authorities take appropriate measures to ensure the safety of students?

Ruling and reasoning.  Yes.  It is the duty of the Government, in any case, to guarantee the right to education in safe conditions for all students.

Consequentely, the Court GRANTED the amparo and issued a series of specific orders for that purpose.