Internet access is essential to guaranteeing the right to education; equality issues

Diana Marcela Ocampo Villegas & others v. Secretariat of Education of Antioquia & others

Date:  01/29/2020

Judge-Rapporteur:  Diana Constanza Fajardo Rivera

Facts.  In two separate actions, joint for the purpose of the decision, the plaintiffs claimed, on one hand, that their children’s rights to education is being violated by the unjustified suspension of internet service in the school they attended.  On the other hand, it is alleged that the equality right of the plaintiff is being breached by the omission to connect the internet service in the small village he lives in. The defendants argued in the first case, that the internet service is not essential and necessary to guarantee the adequate education of the students; besides, the allocation of financial resources must be carried out in accordance with the priorities by law.  And in the second, that the telecommunication authority can not install the service because it does not have the legal permit to use the needed wireless bandwidth to do so, and operational decisions have not been duly made to cover that rural area with the service.

Issue:  Is the internet service essential to guaranteeing the rights to education and equality?

Ruling and reasoning.  Yes, regarding the alleged right to education.  The Court concluded that the suspension of the service in the school, did not have a valid reason and therefore implied an unduly draw back in the way the education was being rendered in this particular education institution.  Such regressive measures are forbidden unless a legal reason justifies the cutoff.  Consequently, the protection invoked was GRANTED and the authorities ordered to allocate funds and resume internet service in the school.  Concerning the second action, no substantive decision was made due to fact that the petitioner had at hand other legal actions (collective redress action) to claim his rights before trying the current amparo action.