T-434/18
School transportation service and exceptional access of children to education programs for the elderly
The Court protected the fundamental right to education of several children and adolescents living in places far from the urban area of ??the municipalities of Hato (Santander) and Pitalito (Huila). The parents asked in the respective "tutelas " that their children have access to special education programs for adults, on Saturdays. The educational institutions refused to register them, because they did not meet the requirement of being of legal age.The Court protected the rights of a 13-year-old girl and her 17 and 15-year-old brothers, who had to travel from the early hours of the morning and for more than two hours alone and with the presence of dangerous animals, to arrive at the point where they could take the school bus.The Court emphasized that the access of children to special education for adults must be exceptional, therefore, as far as possible, it should be ensured that children study in the conventional education model and with people of the same age . The Court maintained that this also prevents child labor. For this reason, the Secretariat of Education of Santander was ordered to guarantee a transport service suitable for children, from their home to the school bus stop, so that they can attend a school that follows the traditional method of education, designed for children and adolescents.
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